FLSA Overtime Security Advisor

Computer-Related Occupations

Based on your response, the employee's primary duty is not:

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

Therefore, the employee does not appear to meet the duties 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. You may want to return to the Main Menu to see if the employee meets the requirements for exemption under another category.

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