• 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 California law for computer professionals. 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 the rate set by California law for computer professionals.1

• The hourly rate for the computer professional exemption increased for 2026 to $58.85 per hour, effective January 1, 2026. The minimum monthly salary exemption is $10,214.44, and the minimum annual salary exemption is $122.573.13. The Director’s Office of Policy, Research and Legislation (OPRL) reviews the rates annually and makes adjustments based on the California Consumer Price Index (CCPI) for Urban Wage Earners and Clerical Workers. The 2026 rate changes reflect the 3.3 percent increase in the CCPI.

An employee who does not meet all of the above requirements may still meet the tests for one of the other exemptions, such as the administrative exemption or the professional exemption. For more information, see Administrative Exemption and Professional Exemption.

Use the Exempt Analysis Worksheet — Computer Professional Exemption to help evaluate the exempt or nonexempt status for your computer professionals.

• Exempt Analysis Worksheet — Computer Professional Exemption

Employees who meet the computer professional exemption tests are clearly exempt from overtime. It is unsettled, however, as to whether computer professionals are also exempt from other wage and hour requirements, such the provisions relating to meal and rest breaks.

• If you intend to exempt computer professional employees from wage and hour requirements other than payment of overtime, consult legal counsel.

Computer Professional Exemption Does Not Apply to Certain Employees

An employee is not exempt as a computer professional if any of the following conditions apply:2

• 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 online media, or who writes or provides content material intended to be read by customers, subscribers, or visitors to the Internet or other computer-related media.
• The employee creates imagery for effects used in the motion picture, television or theatrical industry.

No Degree or Licensing Requirement for Computer Professional Exemption

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.

1. Lab. Code sec. 515.5(a)(4)