| Kansas employment attorneys representing Kansas employees in wage and hour disputes, back pay, minimum wage, overtime and other salary disputes. Working with clients throughout Kansas, including Wichita, Topeka, Kansas City, Kansas, Salina, Hutchinson, Manhattan, Lawrence, Johnson County, Sedgwick County, Shawnee County and Douglas County. |
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Michael M. Shultz Kaup & Shultz, LC Call: 866-385-9955 (toll free) |
Kaup & Shultz,
Attorneys at
Law, LC,
represents
Kansas
employees in
wage and hour
disputes,
including
minimum wage
and overtime.
Kansas
employees who
think they have
been denied
overtime should
contact Kansas
lawyers who
know the Fair
Labor
Standards Act
and Kansas law
concerning
overtime pay.
Attorneys at
Law, LC,
represents
Kansas
employees in
wage and hour
disputes,
including
minimum wage
and overtime.
Kansas
employees who
think they have
been denied
overtime should
contact Kansas
lawyers who
know the Fair
Labor
Standards Act
and Kansas law
concerning
overtime pay.
| THE COMPUTER EXEMPTION SHORT TEST This short test should be a very useful guide to help a computer employee determine if he or she is exempt from overtime pay under the FLSA, or entitled to overtime pay. |
FLSA Compliance Checklist for Computer Exemption
If the questions 1 and 2 are answered “yes,” then the employee
meets the computer exemption test.
1. Does the computer employee receive a salary of at least
$455 per week, or an hourly rate of not less than $27.63 per hour?
□ Yes □ No
a. Salary means employee regularly receives a predetermined
amount each pay period for work he/she performs any week.
b. Salary must be exclusive of board, lodging or other facilities.
c. Salary may not be subject to reductions based on variations
in the quality or quantity of work.
2. Does the employee’s primary duty consist of the
performance of work that requires the application of one of the
following?
a. Systems analysis techniques and procedures, including
consulting with users to determine hardware, software, or system
functional specifications?
□ Yes □ No
b. The design, development, documentation, analysis,
creation, testing, or modification of computer systems or
programs, including prototypes, based on user or system design
specifications?
□ Yes □ No
c. The design, documentation, testing, creation or modification
of computer programs related to machine operating systems?
□ Yes □ No
d. A combination of the duties stated above, which requires
the same level of skill?
□ Yes □ No
e. The computer exemption typically requires the expertise
and skill to work independently.
f. The computer exemption does not apply to positions
involving the operation, repair, or maintenance of computer
hardware, networks, or equipment.
g. The computer exemption does not apply to employees
whose work is highly dependent upon, or facilitated by, the use of
computers and computer software programs (e.g. engineers,
drafters, and others skilled in computer-aided design software),
but who are not primarily engaged in computer systems analysis
and programming or other similarly skilled computer-related
occupation.
If the questions 1 and 2 are answered “yes,” then the employee
meets the computer exemption test.
1. Does the computer employee receive a salary of at least
$455 per week, or an hourly rate of not less than $27.63 per hour?
□ Yes □ No
a. Salary means employee regularly receives a predetermined
amount each pay period for work he/she performs any week.
b. Salary must be exclusive of board, lodging or other facilities.
c. Salary may not be subject to reductions based on variations
in the quality or quantity of work.
2. Does the employee’s primary duty consist of the
performance of work that requires the application of one of the
following?
a. Systems analysis techniques and procedures, including
consulting with users to determine hardware, software, or system
functional specifications?
□ Yes □ No
b. The design, development, documentation, analysis,
creation, testing, or modification of computer systems or
programs, including prototypes, based on user or system design
specifications?
□ Yes □ No
c. The design, documentation, testing, creation or modification
of computer programs related to machine operating systems?
□ Yes □ No
d. A combination of the duties stated above, which requires
the same level of skill?
□ Yes □ No
e. The computer exemption typically requires the expertise
and skill to work independently.
f. The computer exemption does not apply to positions
involving the operation, repair, or maintenance of computer
hardware, networks, or equipment.
g. The computer exemption does not apply to employees
whose work is highly dependent upon, or facilitated by, the use of
computers and computer software programs (e.g. engineers,
drafters, and others skilled in computer-aided design software),
but who are not primarily engaged in computer systems analysis
and programming or other similarly skilled computer-related
occupation.