SCA Computer Professional Exemption Criteria

Consideration of Computer Professional vs Non-Exempt

NOTE - this information and these values were accurate in 2010 and may no longer be valid or applicable in any way.  Obviously, this is a process only as the comparison to job duties / job descriptions is not provided in the below explanation.

 

I compared the job duties outlined in the job descriptions to the duties listed in the FLSA's computer professional exemption test.  I believe that under Federal law all positions would be exempt based on the job duties and the overall nature of the jobs.  As far as California regs, I found that the computer professional exemption would apply as well.  However, the minimum hourly rate for a California Computer professional is much higher than the minimum hourly rate established under the FLSA.  For 2010, Computer professionals must earn a minimum fixed salary of $79,587.50 per year or $37.94 per hour for all hours worked in addition to meeting the duties requirements outlined below.

Update: Additional information can be found at this link http://www.dir.ca.gov/dlse/dlseWagesAndHours.html under the heading "Exemption for computer software employee (Labor Code Section 515.5)"