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The CompUSA wouldn't count unless they made decisions regarding labor and/or IT infrastructure design/implementation.
Here's the test for comparison:
Computer Professional Exemption Tests
A professional employee in the computer field is exempt from overtime pay if the employee meets all the following tests:
Primarily engaged in work that is intellectual or creative; YES
Primarily engaged in work that requires the exercise of discretion and independent judgement; YES
Primarily engaged in duties that consist of one or more of the following:
The application of systems analysis techniques and procedures, including consulting with users, to determine
hardware, software, or system functional specifications; YES
The design, development, documentation, analysis, creation, testing, or modification of computer systems or
programs, including prototypes, based on and related to, user or system design specifications; or
The documentation, testing, creation, or modification of computer programs related to the design of software or
hardware for computer operating systems. NOT REALLY
Highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering; and MAYBE
Paid at least $42.64 per hour (though this amount may be adjusted annually by the state). Note that the corresponding
federal exemption requires the employee be paid a minimum of $27.63 per hour. 29 U.S.C. 213(1)(17) California employees
must be paid the higher of the two rates in order to qualify for the exemption.
Exemption Does Not Apply to Certain Employees
An employee is not exempt as a computer professional if any of the following apply:
The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical and
practical application of highly specialized information to computer systems analysis, programming, and software
engineering;
The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work
independently and without close supervision;
The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment;
The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated
by the use of computers and computer software programs and who is skilled in computer-aided design software, including
CAD/CAM, but who is not in a computer systems analysis or programming occupation;
The employee is a writer engaged in writing material, including box labels, product descriptions, documentation,
promotional material, setup and installation instructions, and other similar written information, either for print or for
onscreen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to
computer-related media such as the World Wide Web or CD-roms; or
The employee is creating imagery for effects used in the motion picture, television, or theatrical industry.
Job Titles Irrelevant
Job titles do not determine whether this exemption applies. Simply calling an employee a "Computer Systems Analyst" or
"Software Engineer" will not make that employee exempt unless all the tests of the exemption are actually met.
No Degree or Licensing Requirement
While employees exempt as computer professionals may have a bachelor's degree or higher, no particular academic degree is
required for this exemption, nor are there any requirements for licensure or certification.
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I'm sure that'll come in handy for a few ppl around here.
Linear Mode
