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U.S. Department of Labor Seal U.S. Department of Labor

FLSA Overtime Security Advisor

Computer-Related Occupations

The focus of the duties tests for the computer-related exemption is the employee's primary duty. Primary duty means the principal, main, major or most important duty that the employee performs. The determination of an employee's primary duty must be based on all of the facts in a particular case, with the major emphasis on the character of the employee's job as a whole. While time is not the sole test, as a guideline, an employee who spends more than 50 percent of his or her time performing a specific activity can generally be said to have that specific activity as his or her primary duty. If the employee spends less than 50 percent of his or her time performing his or her major or most important duty, please review the definition of primary duty.

The employee's primary duty consists of: (check all that apply)

The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications.

The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications.

The design, documentation, testing, creation or modification of computer programs related to machine operating systems.

None of the above.

UNITED STATES
DEPARTMENT OF LABOR