Walter M. Foster
Phone: 617.897.5646
Fax: 617.439.9363
wfoster@sheehan.com
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Should I pay my computer programmer according to the minimum wage and overtime regulations?
Saturday, December 31, 2005
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| Certain skilled workers in the computer field are exempt from the minimum wage and overtime pay requirements if they meet two criteria: (1) they must be compensated either by a salary of no less than $455 per week, or at a rate of no less than $27.63 per hour; (2) their primary duty must consist of at least one of the following: (a) the application of systems-analysis techniques and procedures, including consulting with users to determine hardware, software or system functional specifications; (b) the design, development, documentation, analysis, creation, testing or modification of computer systems or programs; or (c) similar duties with respect to computer programs related to machine operating systems. If workers meet these criteria, they are not subject to the minimum wage and overtime pay statute. It is important to note that employees who manufacture or repair computer hardware and related equipment are not included with this exemption.
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