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August 17, 2010
Professional Duties Test in Your Organization

Allen Kato discusses the professional duties test in a BLR webinar entitled ‘High-Tech Workers: Who’s Entitled to Overtime and Who’s Not; Avoid the Top 5 Most Common Mistakes’. He explains that generally the professional duties test includes determining if the individual has an advanced degree. Other information that is related to professional duties test include:

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  • Primary duty must be the performance of work requiring advanced knowledge, predominantly intellectual in character and requiring the consistent exercise of discretion and judgment
  • Advanced knowledge must be in a field of science or learning
  • Advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction
  • For computer professionals, exempt computer software employees must be paid at least $27.63 per hour or at least $455/week for all hours worked
  • Also for computer professionals, these individual must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field
  • Primary duty must consist of systems analysis, design, development, creation, testing or modification of computer systems or programs, or modification of computer programs

Allen M. Kato, Esq., is an attorney in the San Francisco, California office of law firm Fenwick & West, LLP ( His practice concentrates exclusively on representing management in wage and hour, equal employment opportunity, unfair competition and trade secret matters, and privacy matters; and litigating individual and class action wage and hour, wrongful discharge, employment discrimination, and unfair competition matters before courts and agencies. He also trains managers and HR professionals on a regular basis.

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