What are the requirements for the computer professional exemption?

A professional employee in the computer field is exempt from overtime pay if the employee meets all of the following tests:

  • Primarily engaged in work that is intellectual or creative;
  • Primarily engaged in work that requires the exercise of discretion and independent judgment; and
  • Primarily engaged in duties that consist of one or more of the following:
    • The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;
    • The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to, user or system design specifications; or
    • The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
  • Highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering; and
  • Paid a minimum hourly, monthly or yearly rate, which is set by the state of California each year.

You can find more information in the Computer Professional Exemption section​ of the HR Library.​​​