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Computer Professional Exemption
An employee is an exempt computer professional if they meet all of the following requirements:
The hourly rate for the computer professional exemption increased for 2014 to $40.38 per hour, effective January 1, 2014. The minimum monthly salary exemption is $7,010.88, and the minimum annual salary exemption is $84,130.53. The OPRL reviews the rates annually and makes adjustments based on the California Consumer Price Index (CCPI) for Urban Wage Earners and Clerical Workers. The 2014 rate changes reflect the 1.2 percent increase in the CCPI.
- Is primarily engaged in work that is intellectual or creative
- Is primarily engaged in work that requires the exercise of discretion and independent judgment
- Is primarily engaged in duties that consist of one or more of the following:
- Applying systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications
- Designing, developing, documenting, analyzing, creating, testing or modifying computer systems or programs, including prototypes, based on and related to user or system design specifications
- Documenting, testing, creating or modifying computer programs related to the design of software or hardware for computer operating systems
- Is highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming and software engineering
- The employee’s hourly rate of pay is not less than that set by law. If the employee is paid on a salaried basis, the employee earns an annual salary for full-time employment, which is paid at least once a month and in a monthly amount of not less than rate set by law.
The hourly rate for the computer professional exemption increased for 2014 to $40.38 per hour, effective January 1, 2014. The minimum monthly salary exemption is $7,010.88, and the minimum annual salary exemption is $84,130.53. The OPRL reviews the rates annually and makes adjustments based on the California Consumer Price Index (CCPI) for Urban Wage Earners and Clerical Workers. The 2014 rate changes reflect the 1.2 percent increase in the CCPI.
An employee is not exempt as a computer professional if any of the following conditions apply:
NOTE: Although employees exempt as computer professionals may possess a bachelor’s degree or higher, no particular academic degree is required for this exemption, nor are there any requirements for licensure or certification.
- The employee is a trainee or involved in an entry-level position and learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming and software engineering.
- The employee works in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision.
- The employee engages in the operation of computers or in the manufacture, repair or maintenance of computer hardware and related equipment.
- The employee is an engineer, drafter, machinist or other professional whose work is highly dependent on or facilitated by the use of computers and computer software programs. The employee is also skilled in computer aided design software, including CAD/CAM, but is not in a computer systems analysis or programming occupation.
- The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, set up and installation instructions, and other similar written information either for print or for onscreen media, or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the Internet or CD-ROMs.
- The employee creates imagery for effects used in the motion picture, television or theatrical industry.
NOTE: Although employees exempt as computer professionals may possess a bachelor’s degree or higher, no particular academic degree is required for this exemption, nor are there any requirements for licensure or certification.