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Should I Be exempt From FLSA If I Work on Computers in Houston?

In order to save money on their employment taxes and overtime wages, some companies try to exempt their employees from the Fair Labor Standards Act (FLSA). The Houston fair overtime attorneys at Kennedy Hodges often see this happen in the computer and IT field, and many times the exemption is not valid, and the employee ends up missing out on hundreds of dollars from his or her paycheck.

There are specific rules outlined by the U.S. Department of Labor and the FLSA that must be followed in order for the employer to properly exempt their computer IT person. Not only must the employee make at least $27.63 an hour, or $455 per week, but his or her primary job duties must include one or more of the following, according to the FLSA:

  • Computer systems analysis techniques

  • Determining hardware and software specifications

  • Designing, testing or modifying computer programs that are directly related to machine’s operating systems

  • Designing, developing, documenting analyzing creating testing or modifying computer systems or programs including prototypes, based on and related to user or system design specifications

While many IT and computer professionals in Houston do actually perform these types of tasks, not all of them perform them 100% or even more than 75% of the time. This poses a problem if the employee is deemed exempt, since technically he or she should still be covered under the FLSA.

For example, many offices enlist one of their executive secretaries or graphic designers to handle all of the computer and IT work in the office. Even though those employees may be capable of performing the above-mentioned tasks, if they are only completing them on an as-needed basis, then they are not considered exempt from the FLSA.

If you believe you are a Houston computer IT worker unfairly exempt from overtime, contact the Houston fair wage lawyers at Kennedy Hodges for a free copy of their book, the Seven Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, by calling 888.449.2068 or by filling out our online form.