The Fair Labor Standards Act (FLSA) guarantees most workers receive premium pay rates (time-and-a-half) for any hours worked past 40. This was a measure put in place to ensure employers don't take unfair advantage of vulnerable workers who are often paid low wages. There are a number of exemptions to the rule that apply to positions in which employees are often highly trained and well compensated. Certain computer workers, for instance, are considered exempt by the FLSA.

It's important for employers to remember that even if they hire a computer worker, those employees are not necessarily exempt. The special considerations do not apply simply because of the position title, the duties performed by computer programmer, computer systems analysts and software engineers must pass certain tests.

First, employees must meet pay conditions. They must receive at least $455 per week, be paid on a salary basis or earn at least $27.63 per hour. Next, they must be highly skilled in a computer field. Last, their job duties must regularly and primarily include systems analysis processes and techniques; creating, designing, testing or documenting operating systems' computer programs; or working on computer programs.

To avoid violations for misclassifying employees, businesses can include detailed position descriptions in employee handbooks. If they don't have time to draft new versions, they can consider outsourcing human resources professionals.

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