Description of the Computer Software Exemption Under FLSA

To be exempt, a Computer Software Employee must: 1. Be skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering; 2. The employee's hourly rate of pay is not less than forty-one dollars ($41.00) as adjusted by the California Consumer Price Index for Urban Wage Earners and Clerical Workers to January 1, 2001; 3. Be primarily engaged in work that is intellectual or creative; and 4. Exercise discretion and independent judgment; If the employer cannot show all of the above, the employee is non-exempt and entitled to overtime pay and other benefits.