3. Differences Between State and Federal Regulations.
The computer professional exemption was created by statute in federal law as a sub-type of
exempt professionals, and the statute sets the hourly rate for the federal exemption. State law
does not separately list computer professionals in the statute, but both state and federal
regulations recognize computer professionals as a special subtype of exempt professional. The
Department intends to rely on the interpretations of the 2019 federal regulations where the
regulations are identical to the Department’s rules.
Aside from the history of the exemptions and the salary and hourly threshold differences, there
are some other areas where state and federal requirements differ. In particular, federal
regulations allow an employer to impose unpaid disciplinary suspensions of one or more full
days for workplace-conduct rule infractions for exempt workers, without affecting the exemption.
Washington State allows an unpaid disciplinary suspension of exempt employees in increments
of less than one week only for violations of safety rules of major significance. If an unpaid
disciplinary suspension is for a non-major safety violation, it may only be in a full-week
increment or it will destroy the employee’s state exemption for that period. Employers can
impose paid disciplinary suspensions in any increment without affecting the employee’s
exemption. See WAC 296-128-532 for more information about deductions for salaried, exempt
employees.
4. Computer Positions Similar to Systems Analyst, Programmer, or Software Engineer.
The computer professional exemption includes systems analysts, programmers, and software
engineers. It can also include computer professionals in other, similarly skilled positions, but
only if the primary duty of the employee in question includes performing “systems analysis
techniques and procedures, …design, development, documentation, analysis, creation, testing,
or modification of computer systems or programs, including prototypes, …modification of
computer programs related to machine operating systems;” or a combination of the duties just
described, “the performance of which requires the same level of skills.” If the required duties
tests are met, the exemption may be applied regardless of the job title given to an employee,
since an employee’s actual job duties, not job title, determine whether the exemption applies.
5. Employees Not Included in This Exemption.
The computer professional exemption does not include employees engaged in the manufacture
or repair of computer hardware and related equipment. Employees whose work is highly
dependent upon, or facilitated by, the use of computers and computer software programs (e.g.,
engineers, drafters and others skilled in computer-aided design software), but who are not
primarily engaged in computer systems analysis and programming or other similarly skilled
computer-related occupations identified in the primary duties test described above, are also not
exempt under the computer employee exemption. The exemption also does not apply to
employees in entry level positions learning to become proficient, or to employees in computer
systems analysis, programming, or software engineering who have not attained the level of skill
and expertise that allows them to generally work independently and without close supervision.
6. Certain Computer Employees May Qualify for Executive or Administrative Exemptions.
Certain employees in the computer field may also have executive or administrative duties that
qualify them for exemption under the executive or administrative exemptions. For example,
systems analysts and computer programmers whose primary duty involves work such as
planning, scheduling, and coordinating activities required to develop systems to solve complex
business, scientific, or engineering problems of the employer or the employer’s customers may