CALIFORNIA- SUMMARY TESTS FOR EXEMPT V. NON-EXEMPT STATUS

 

The computer exemption applies to employees who work in the computer field and fulfill the following

 requirements.

 

A. PRIMARILY ENGAGED (spending at least 50% of time) in one or more of the following duties:

The application of systems analysis techniques and procedures, including consulting with users, to determine

hardware, software, or system functional specifications

 

OR

 

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 design, documentation, testing, creation or modification of computer programs related to machine operating systems;

 

B. Highly skilled and proficient in the theoretical and practical application of highly specialized information to

computer systems analysis, programming, and software engineering.

 

C. Customarily/regularly exercises discretion and independent judgment.

 

D. Primarily engages in work that is intellectual or creative.

 

E. Must spend 50% or more of time performing exempt duties as outlined above.

 

F. Paid at least $37.94 per hour, effective January 1, 2009 OR

Paid $6587.50 at least once monthly, and at least $79,050 annually.