Are computer professionals exempt from the FLSA?
This exemption is limited to computer programmers and computer systems analysts. In contrast, employees who are engaged in the maintenance, operation or repair of computers and software are clearly entitled to receive overtime. Computer systems analysts, computer programmers, and software engineers in the computer software field are exempt from receiving FLSA overtime only if they meet certain tests Congress has established for the computer professional exemption. The exemption only applies to highly skilled employees who have achieved a level of proficiency in the theoretical and practical application of a body of specialized knowledge in computer systems analysis, programming and software engineering. To be considered an FLSA exempt “computer professional,” the employee must work free from close supervision. In addition, these types of employees are exempt only if their primary job duty involves programming, design, or modification of software, or the application of “systems analysis
