If you work in software development or another computer-related position in California, you might be misclassified as exempt from overtime. Many employers may incorrectly assume all tech workers are exempt because of their professional role or the lower salary requirements generally applicable to professional positions. But California law sets higher salary thresholds and job duty requirements that must be met for the exemption to apply.

Who Qualifies as a "Computer Professional" Under California Law?

California Labor Code Section 515.5 defines computer professionals as employees who are primarily engaged in intellectual or creative work related to computer systems, programming, or software engineering. This may include:

• Software developers and engineers
• Systems analysts
• Computer programmers
• Database administrators
• Network architects and engineers
• Certain IT specialists with advanced skills

Simply working with computers isn't enough, though. The law specifically excludes IT support personnel, hardware technicians, and others who primarily operate computers rather than design or program software systems.

The Pay Minimums to be Exempt is Higher than Other Jobs

The California Department of Industrial Relations annually adjusts the minimum compensation required to qualify for the computer professional exemption based on inflation. These amounts are adjusted every October to be effective on January 1 of the following year, rising with the California Consumer Price Index for Urban Wage Earners and Clerical Workers.

For 2025 (2.5% increase):

• Hourly rate: $56.97
• Monthly salary: $9,888.13
• Annual salary: $118,657.43

For 2024 (3.3% increase):

• Hourly rate: $55.58
• Monthly salary: $9,646.96
• Annual salary: $115,763.35

For 2023 (7.6% increase):

• Hourly rate: $53.80
• Monthly salary: $9,338.78
• Annual salary: $112,065.20

Notably, these thresholds are significantly higher than the salary minimums for other exempt positions in California. While most executive, administrative, and professional exemptions require only a minimum salary of twice the state minimum wage (approximately $66,560 annually in 2025), computer professionals must earn nearly double that amount to qualify for their specific exemption.

If you're a computer professional earning less than these higher threshold amounts, you may be entitled to overtime pay regardless of your job title.

Beyond Pay: Job Duties Test Must Also Be Met

Even if you earn above the salary threshold, you must also perform specific job duties to qualify for the exemption. Under California n, you must:

(1) The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment.

(2) The employee is primarily engaged in duties that consist of one or more of the following:

(A) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications.

(B) 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.

(C) The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.

(3) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, or software engineering. A job title shall not be determinative of the applicability of this exemption.

Who Does NOT Qualify for the Exemption?

You likely don't qualify for the exemption (and should receive overtime) if you:

• Are in an entry-level or training position
• Are not skilled enough yet to work independently and without close supervision
• Primarily operate computers or manufacturer, repair, or maintain computer hardware and equipment
• Are an engineer, drafter, or professional who uses computer software but isn't primarily engaged in programming/systems analysis
• Are a writer who creates written content for software products
• Create imagery for the motion picture, television, or theatrical industry

What This Means For You

If you're paid less than the minimum threshold or your primary duties don't meet the exemption criteria, you may be entitled to:

• Overtime pay (1.5x regular rate) for hours worked beyond 8 in a day or 40 in a week
• Double time (2x regular rate) for hours worked beyond 12 in a day or 8 hours on the 7th consecutive workday
• Back pay for unpaid overtime
• Interest on unpaid wages
• Potential penalties

Take Action

If you believe you've been misclassified:

1. Document your hours worked and job duties
2. Review your compensation against current thresholds
3. Consider consulting with an employment attorney

Employers may frequently misclassify computer professionals, either intentionally or due to misunderstanding the law. Don't assume your exempt status is correct just because your employer classified you that way or because you have a title like "Software Engineer" or "Systems Analyst." The actual salary or wage rate and duties—not the job title—determine whether you're entitled to overtime pay.