A Closer Look At FLSA's Computer Professional Exemption

By Jerrold Goldberg (August 31, 2017, 2:02 PM EDT) -- The Fair Labor Standards Act requires the payment of overtime to all employees unless their work fits within one of the statute's exemptions. The burden of proof for establishing that an FLSA exemption applies to a particular position rests with the employer, and the exemptions are narrowly construed against employers seeking to assert them. This analysis addresses whether the FLSA computer professional exemption and/or the administrative employee exemption apply to information technology/computer staff.[1]

The Computer Professional Exemption

The U.S. Department of Labor regulations at 29 C.F.R. §541.400(b) require that in order for an employee to qualify as an exempt computer professional,...

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