calisnowripper
Junior Member
Texas - USA
Do I qualify for FLSA exemption? I am exempt here but did the exact same work for a similar educational institution in California and was non-exempt. I've included my job description a the bottom of this post. I've done a lot of research and I haven't been able to come to a conclusion. For what it's worth, I was able to find some potentially relevant info on my state government's labor website regarding the computer software professional exemption (Salary Test for Exempt Employees):
->the regulations (29 C.F.R. 541.400 and 541.401 (former regulations 541.3(a)(4) and 541.303)) exclude workers who build or install computer hardware or who are merely skilled computer operators; they make clear that the exemption applies only to the true software programming or design experts
->a DOL letter ruling of December 4, 1998 (BNA, WHM 99:8201) states that this exemption does not include employees who "provide technical support for business users by loading and implementing programs to businesses' computer networks, educating employees on how to use the programs, and by aiding them in troubleshooting." In other words, "help desk" employees do not fit this exemption. See also DOL opinion letter FLSA2006-42 in this regard.
->properly speaking, the exemption applies only to the very top experts in computer software, i.e., the ones who actually write the software programs, or who design, implement, and maintain a company's network software, intranet, or Internet presence
JOB DESCRIPTION:
POSITION SUMMARY:
Supports desktop hardware and base and departmental specific software and applications.
POSITION KEY ACCOUNTABILITIES:
1. Installs, configures, maintains, repairs, and otherwise supports services, specialized systems, desktop computers, software, applications, and related equipment in a networked environment.
2. Troubleshoots servers, desktop services and systems; recommends improvements.
3. Trains users needing additional core computer and application skills as the position related information technology responsibilities evolve.
4. Documents each troubleshooting case, annotating all updates to ensure proper documentation of the final resolution.
5. Maintains inventory information of servers, desktop services, and equipment.
6. Participates and executes rollouts/deployments, migrations and upgrades as part of the IT team.
7. Advises department or school and provides them with IT solutions.
8. Other duties as assigned
Do I qualify for FLSA exemption? I am exempt here but did the exact same work for a similar educational institution in California and was non-exempt. I've included my job description a the bottom of this post. I've done a lot of research and I haven't been able to come to a conclusion. For what it's worth, I was able to find some potentially relevant info on my state government's labor website regarding the computer software professional exemption (Salary Test for Exempt Employees):
->the regulations (29 C.F.R. 541.400 and 541.401 (former regulations 541.3(a)(4) and 541.303)) exclude workers who build or install computer hardware or who are merely skilled computer operators; they make clear that the exemption applies only to the true software programming or design experts
->a DOL letter ruling of December 4, 1998 (BNA, WHM 99:8201) states that this exemption does not include employees who "provide technical support for business users by loading and implementing programs to businesses' computer networks, educating employees on how to use the programs, and by aiding them in troubleshooting." In other words, "help desk" employees do not fit this exemption. See also DOL opinion letter FLSA2006-42 in this regard.
->properly speaking, the exemption applies only to the very top experts in computer software, i.e., the ones who actually write the software programs, or who design, implement, and maintain a company's network software, intranet, or Internet presence
JOB DESCRIPTION:
POSITION SUMMARY:
Supports desktop hardware and base and departmental specific software and applications.
POSITION KEY ACCOUNTABILITIES:
1. Installs, configures, maintains, repairs, and otherwise supports services, specialized systems, desktop computers, software, applications, and related equipment in a networked environment.
2. Troubleshoots servers, desktop services and systems; recommends improvements.
3. Trains users needing additional core computer and application skills as the position related information technology responsibilities evolve.
4. Documents each troubleshooting case, annotating all updates to ensure proper documentation of the final resolution.
5. Maintains inventory information of servers, desktop services, and equipment.
6. Participates and executes rollouts/deployments, migrations and upgrades as part of the IT team.
7. Advises department or school and provides them with IT solutions.
8. Other duties as assigned
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