Introduction to the Fair Labor Standards Act (FLSA)

C. E XEMPTION FOR C OMPUTER –R ELATED O CCUPATIONS To qualify for the computer-related occupation exemption, the computer employee must earn at least $27.63 per hour or receive more than $455 per week on a salary or fee basis, and have a primary duty of:

 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; or  A combination of the aforementioned duties, the performance of which requires the same level of skills. 149

The computer exemption typically applies to highly skilled computer systems analysts, computer programmers, software engineers, or other similarly-skilled workers in the computer field. 150 The exemption “does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs . . ., but who are not primarily engaged in computer systems analysis and programming or other similarly skilled computer-related occupations . . . are also not exempt computer professionals.” 151 D. S PECIAL E XCLUSION FOR “F IRST R ESPONDERS ” Certain “first responders” are not eligible for any of the white collar exemptions, regardless of the employees’ rank or pay level within a public agency. Specifically, the overtime exemptions “do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics . . . and [other] similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes . . .; pursuing, restraining and apprehending suspects . . .; preparing investigative reports; or other similar work.” 152 The first responder exclusion does not alter the primary duty test for the white collar exemptions. Rather, it indicates that the primary duty of a safety employee who fights fires (including waiting to be called out to fight fires), rescues victims, apprehends criminal suspects or investigates crimes or fires cannot be executive, administrative or professional in nature.

Introduction to the Fair Labor Standards Act (FLSA) ©2019 (s) Liebert Cassidy Whitmore 31