Computer Software not Exempt Under FLSA

Computer Software Exemption does not apply to · Trainees; · Employees in entry-level positions learning to become proficient in the theoretical and practical application of computer systems and software; · Employees who do not have the skill and expertise necessary to work independently and without close supervision; · Employees who merely operate computers. This includes engineers, drafters, machinists who use software such as CAD/CAM. · Employees who manufacture, repair, or maintain of computer hardware and related equipment; · Employees who write content for, among other things, the World Wide Web or CD-ROMs; · Employees who create imagery for effects used in the motion picture, television, or theatrical industry. Like all other exemptions, the employer cannot rely on untrue or trumped up job descriptions to avoid liability. For further discussion, click here. Before September 2000, there was no Computer Software Exemption. Therefore, such employees were, and for that time period, are still entitled to overtime pay. Such employees can recover wages going back three years (and in some cases four years) from today's date, but only up to those wages earned in September 2000.