An employee is an exempt computer professional if he/she:
- Is primarily engaged in work that is intellectual or creative
- Is primarily engaged in work that requires the exercise of discretion and independent judgment
- Is primarily engaged in duties that consist of one or more of the following:
- Applying systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications
- Designing, developing, documenting, analyzing, creating, testing or modifying computer systems or programs, including prototypes, based on and related to user or system design specifications
- Documenting, testing, creating or modifying computer programs related to the design of software or hardware for computer operating systems
- Is highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming and software engineering
- The employee’s hourly rate of pay is not less than that set by law. If the employee is paid on a salaried basis, the employee earns an annual salary for full-time employment, which is paid at least once a month and in a monthly amount of not less than rate set by law.