Although many computer professionals and programmers are treated as salaried employees exempt from overtime, the fact is that not all computer professionals are exempt from overtime. Pursuant to California law, only certain highly compensated computer systems analysts, programmers and software engineers who satisfy both the minimum salary test ($36 per hour for 2008; $37.94 per hour for 2009) and the following criteria are exempt from overtime.

1. Job Duties. The computer professional must spend more than 50% of his or her time in work that is “intellectual or creative” and requires the exercise of discretion and independent judgment, and the computer professional’s primary duties must consist of one or more of the following:

• systems analysis, including consulting with users, to determine hardware, software or system functional specifications; OR
• design, development, documentation, analysis, creation, or modification of computer systems or programs, including prototypes, based on and related to, user or system design specifications; OR
• documenting, testing, creating, or modifying the design of a computer software or hardware.

3. Specific Exceptions. Employees in the following computer related jobs are NOT exempt from overtime under this Computer Professional Exemption:

• Trainees or entry-level employees;
• Employees in computer-related occupations lacking the expertise to work independently;
• Employees engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment;
• Engineers, drafters, machinists, or other professional employees whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who are skilled in computer-aided design software, including CAD/CAM;
• Writers engaged in writing content material either for print or for onscreen media; and
• Computer professionals engaged in creating imagery for effects used in motion picture, television, or theatrical industries.

In sum, the computer professional overtime exemption codified in California Labor Code §515.5 may provide some overtime relief for employers of highly skilled and highly compensated computer professionals, but it is not a broad based exemption for high tech employees. California employers should also be aware that computer professionals who are properly classified as exempt from overtime (through job duties and hourly wage) are still entitled to the required meal and rest breaks.