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May 05, 2010
Criteria Necessary for an Employee to Qualify for a Computer Employee Exemption

In a BLR webinar entitled "Exemption Audits: Prepare Now for Stepped-Up Department of Labor (DOL) Enforcement--Who's Entitled to Overtime and Who's Not," Cheryl D. Orr, Esq. partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP explained that to qualify for a Computer Employee exemption the worker must be paid either on a salary or fee basis at a rate not less than $455 per week or $27.63 an hour.

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In addition, the employee's primary duty must consist of using discretion and independent judgment in the following:

  • Application of systems analysis techniques and procedures;
  • Design, development or analysis of computer systems or programs, including those related to systems; or
  • A combination of the aforementioned duties, the performance of which requires the same level of skills.

Cheryl D. Orr, Esq. is a partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP. She concentrates her practice on defending employers against FLSA collective actions and state and federal wage and hour class actions. She regularly litigates discrimination, harassment, and unfair competition claims, conducts high-level workplace investigations, develops plans for reductions in force and offers employer advice and counseling.

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