The scope of the computer professional exemption, enacted prior to the widespread use of the Internet and before the existence of some of the most well-known tech companies (e.g., it was enacted prior to the existence of Google), is often a source of litigation, as employers and the courts attempt to apply
computer professional
North Carolina Judge Upholds Employer Classification of Employee as Exempt Computer Professional
By Noel P. Tripp on
Posted in Exemptions
The rapidly evolving world of information technology can give rise to disputes regarding the applicability of the FLSA’s 20+ year-old exemption for “computer professionals.” A new decision reinforces that individuals whose job responsibilities require them to maintain large networks qualify for the exemption. Campbell v. Kannapolis City Schs. Bd. of Educ., 2014…
Virginia Judge Rejects Highly Compensated IT Professional’s Misclassification Claim
By Noel P. Tripp on
Posted in Exemptions
The FLSA’s technical “white collar exemption” regulations, slated for review and potential overhaul later this year, allow plaintiffs’ attorneys and even the highly paid employees they represent to challenge exempt status. A recent decision from the Eastern District of Virginia rejects one such claim brought by a highly paid information technology worker paid a…
California Federal Court Finds Healthcare IT Worker Exempt From Overtime Pay Under Computer Professional Exemption
By Noel P. Tripp on
Posted in Exemptions
Changes in technology and technology-related jobs occur at warp-speed; the law, however, moves slowly. For this reason, regulations regarding exempt status of workers are sometimes drafted with broad language to capture future changes in duties and positions not in existence at the time the regulations are implemented. Regulations regarding the exempt status of computer professional employees are…
New York District Court Holds Decision to Reclassify Is Not Evidence Employee was Misclassified
By Noel P. Tripp on
Posted in Exemptions
There are many reasons an employer may decide to reclassify an employee from exempt to non-exempt: changes in the law; modified court or DOL interpretations of existing law; as a result of an internal audit; or, simply based on changes in the business needs of the company. Does that decision to reclassify create evidence that the…