Overtime Rights for Computer Professionals: What You Should Know

If you work in tech or manage people who do, you’ve likely encountered some confusion regarding overtime rules. That’s not surprising. The Fair Labor Standards Act (FLSA) has very specific criteria for when computer-related jobs qualify for overtime exemptions.

Let’s clear it up.

There is a special exemption for computer employees. But don’t assume that just because you work with code, data, or tech tools, you’re automatically exempt. Whether or not you qualify depends on two key things: your job duties and how you’re paid.

In August 2024, the Department of Labor issued a rule aimed at modernizing the process for exempting executives, professionals, and computer workers. It raised the minimum salary threshold and created a system for automatic updates.

But here’s the twist: a federal court blocked that rule.

As of now, employers must stick to the 2019 FLSA guidelines, which require:

• A weekly salary of at least $684, or
• A total annual compensation of $107,432 if classified as a highly compensated employee.

It’s worth noting that legal battles over the 2024 rule are still ongoing. Although these salary thresholds are current for now, they may change again in the near future.

What Computer Roles Are Actually Exempt Under the FLSA?

Just because your job title includes “developer” or “engineer” doesn’t mean you’re automatically exempt from overtime. Under the Fair Labor Standards Act (FLSA), what you do and how you're paid matter far more than your title.

To qualify for the computer employee exemption, all of the following must be true:

• You’re paid at least $684 per week on a salary or fee basis, OR You’re paid hourly at a rate of at least $27.63
• Your job falls into a tech role such as:
  • Systems analyst
  • Software engineer
  • Computer programmer
• Your primary duties involve one or more of the following:
  • Applying systems analysis techniques to determine hardware, software, or system requirements
  • Designing or developing computer systems, programs, or software based on technical specs
  • Writing, testing, or modifying code for operating systems
  • Performing a combination of these tasks that requires equivalent technical skills

Tech Roles That Don’t Qualify for the Computer Exemption

Just because you work with computers doesn’t mean you’re exempt from overtime. In fact, many tech-adjacent roles fall outside the FLSA’s computer employee exemption, even if they involve high-level skills or daily use of advanced software.

The key factor? What you're actually doing with that technology.

Here are some common roles that typically do not qualify for the exemption:

• Hardware technicians and computer repair specialists
• Graphic designers or animators who use creative software but don’t develop it
• Engineers who use computers for modeling or simulation, not programming or system design
• Data entry clerks or help desk support staff, unless their duties include coding or systems work

These employees are usually entitled to overtime pay if they work more than 40 hours per week, regardless of experience, skill, or certifications.

What Counts as Your “Primary Duty” Under the FLSA

To qualify for the computer employee exemption, your primary duty must match one of the exempt job functions, like software development, systems analysis, or coding.

But what exactly is a primary duty?

It’s not just what you do most often—it’s the core purpose of your role. In other words, what’s most important to your job, even if it doesn’t take up the majority of your time.

For instance, if you're a software engineer who occasionally helps with IT support or administrative tasks, your programming work still defines your role. That makes it your primary duty.

Employers must evaluate the reality of the job, not just what’s listed on a job description. If your day-to-day tasks don’t align with the exemption criteria, then you’re entitled to overtime, regardless of your job title.

Why Classification Matters

If you’re properly classified as exempt, you’re not entitled to overtime pay for working more than 40 hours a week. But if your role doesn’t meet the legal criteria, and you’re still being denied overtime, your employer could be breaking federal law.

That’s a big deal.

Whether you’re an employee trying to understand your rights or an employer aiming to stay compliant, getting this wrong has consequences. Misclassifying workers can lead to back pay claims, costly penalties, and even lawsuits. And no, intent doesn’t matter; even accidental violations can land employers in hot water.

Disclaimer: This information is based on fact sheets the DOL provides.

Contact Morgan & Morgan Today

If you think something’s off with how your pay is structured, especially when you’re regularly working overtime with no extra pay, it might be time to talk to someone with your best interests at heart. That’s where Morgan & Morgan comes in.

To get started, please fill out our free case evaluation form today. If you have a valid case against your employer, our employment attorneys might be able to represent you.