Are software engineers overtime exempt?

According to Section 13(a)(1) and Section 13(a)(17) of the FLSA, computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field are exempt from minimum wage and overtime pay provided they also meet the other tests for exemption like salary level.

Why are computer professionals exempt from overtime pay?

Employees earning more than $100,000 per year are exempt from FLSA overtime and minimum wage requirements if they customarily and regularly perform one or more of the duties of a computer employee. It is not enough that the employee’s job involves highly-specialized knowledge of computers and software.

Who is exempt from overtime under FLSA?

However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

Why do exempt employees not get overtime?

The FLSA overtime rule determines whether employees are eligible or exempt for overtime pay. Exempt employees, because of their rate of pay and type of work that they do, are not eligible for overtime pay for hours worked over 40 in a workweek.

Are engineers exempt under the FLSA?

Exempt versus Non-Exempt Employees: The Professional Exemption. Professional employees such as doctors, lawyers, accountants, engineers, university professors, and artists are also exempt from the state and federal minimum wage and overtime requirements.

Do software engineers get paid overtime?

This may come as a surprise, but if you are a software engineer who works in California and receives a salary, the answer is simple. You must be paid at least $85,981.40 annually. Otherwise, if you are paid less, you may be entitled to overtime for any time worked over eight hours per day and over forty hours per week.

What jobs are exempt from FLSA?

As provided by the FLSA, the Department of Labor (DOL) enforces seven classes of potentially exempt workers:

• Executive Employees.
• Administrative Employees.
• Learned Professionals.
• Creative Professionals.
• Computer Employees.
• Outside Sales Employees.
• Highly Compensated Employees.

What is exempt and not exempt?

The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime, while non-exempt employees are.

Does FLSA apply to salaried employees?

The Fair Labor Standards Act is the federal law that governs the payment of employees including salaried workers. Although most salaried employees are exempt from minimum wage and overtime pay under the FLSA, not all are exempt.

What does overtime exempt mean?

The term “exempt” means exempt from being paid overtime. There are regulations that govern whether an employee could be exempt from receiving overtime pay.

How often do software engineers work overtime?

The statistic shows the frequency of developers working overtime or beyond the formal time expectation of their job. According to the survey, 26.7 percent of respondents work overtime 1-2 days per month, and another quarter of respondents reported working this much overtime but on a weekly basis.

Can a computer staff employee be exempt from the FLSA?

Id. at 829. The application of any FLSA exemption is highly fact-specific; however, an information technology/computer staff employee may fit within the “administrative” exemption, whether or not the employee meets the “computer professional” exemption.

Can an employee lose the computer professional exemption for documentation?

Nor does an employee lose the Computer Professional exemption simply because the employee’s job duties also include some non-specialized tasks, such as documentation or technical writing work. Bohn v.

What are the overtime pay provisions of the FLSA?

This fact sheet provides general information concerning the application of the overtime pay provisions of the FLSA . An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.

What are the requirements for computing overtime pay under Section 7(g)(2)?

The requirements for computing overtime pay pursuant to section 7 (g) (2) are prescribed in 29 CFR 778.415 through 778.421. Where non-cash payments are made to employees in the form of goods or facilities, the reasonable cost to the employer or fair value of such goods or facilities must be included in the regular rate.