- FLSA Overtime Security Advisor
To qualify for exemption in a computer-related occupation, the employee must meet specific duties tests and:
- Be paid on a guaranteed salary at a rate of at least $455 per week or
- Be paid on a fee basis of at least $455 per week or
- Be paid on an hourly basis of at least $27.63 per hour worked.
Because you responded that the employee meets none of the above compensation requirements, the employee does not appear to meet the tests to be considered an exempt employee in a computer-related occupation. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).
If you have further questions about your situation, you may want to review Fact Sheet 17E: Exemption for Employees in Computer-Related Occupations Under the FLSA or contact your local Wage and Hour Division office.