Computer Employee Exemption
A computer professional is an employee that works in a skilled computing job as a systems analyst, computer programmer, software engineer, web or app developer, machine learning scientist, or other similarly technical and specialized role.
Certain computer professionals are exempt from the Fair Labor Standards Act (FLSA), federal labor law that requires employers to provide minimum wage and overtime pay to their employees. Many are also exempt from California labor laws requiring employers to provide meal and rest breaks to their employees, in addition to minimum wage and overtime pay.
The federal and California computer exemption checklists differ slightly. However, both the FLSA and California law clearly state that job titles cannot determine exempt status for computer professionals. Rather, to qualify as exempt, computer professionals must pass certain tests concerning their job duties and earn a minimum yearly or hourly salary as determined by law.
Improperly classifying computer professionals as exempt is a violation of both federal and state labor law. Computer professionals who have been improperly classified may be entitled to back wages, overtime pay, and other damages dating back several years of employment.
Are You Classified Correctly?
If you believe you’ve been intentionally or inadvertently improperly classified under the computer exemption, you may be eligible to file a wage claim to recover your damages.
Understand your rights as a worker. Call toll-free (800) 254-9493 or fill out the form to speak with an employment attorney about your potential wage claims. All consultations are free and confidential.
We Get Results for Employees
| Acosta | $9.9 million for unpaid overtime and business expenses |
| Spansion | $8.5 million for employees laid off without proper notice |
| Masco | Backpay for workers who were misclassified |
| Fleetwood | Backpay for employees laid off without proper notice |
| Cosmo | $1 million for merchandisers who were not compensated for off-the-clock work |
| First Franklin | Backpay for workers who were not paid overtime |