Overtime for IT Workers

Computer Professional may be exempt from the payment of overtime under certain circumstances including the following:

  • The employee must be paid at a rate not less than $455 per week or $27.63 per hour
  • The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field whose primary duty consists of:
    1. Application of systems analysis techniques including consulting with users to determine hardware, software or system function specs
    2. The design, development, documentation, analysis, creation, testing or modification of computer systems or programs based upon user or system design specs
    3. Design, documentation, testing, creation or modification of computer programs related to mechanical operating systems or
    4. A combination of the above duties requiring the same level of skills

Not all computer jobs will be exempt, education does not necessarily determine exempt status, working with pre-designed specs may render the employee non exempt and “primary functions” should include the exercise of discretion and independent judgement by the employee.

Even if not exempt by virtue of the IT exemption, an employee may still be exempt by virtue of another category of exempt employees such as Administrative of Managerial.