16.64 Elements of Defense: Computer Employee Exemption is a section of the U.S. Federal Cybersecurity Law which provides cybersecurity protections for organizations that employ computer professionals. This exemption covers a range of activities, including the use of software and hardware to protect systems and data from malicious actors, the maintenance of policies and procedures to better protect systems and data, and the maintenance of an appropriate level of security awareness among personnel. This exemption applies to any organization that employs computer professionals, regardless of size, location, or industry. There are two types of 16.64 Elements of Defense: Computer Employee Exemption: Exempt Status and Qualified Professional Status. Exempt Status applies to organizations that employ computer professionals who are trained and certified in cybersecurity. Qualified Professional Status applies to organizations that employ computer professionals who can demonstrate a minimum level of cybersecurity knowledge and experience.
16.64 ELEMENTS OF DEFENSE: COMPUTER EMPLOYEE EXEMPTION
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How to fill out 16.64 ELEMENTS OF DEFENSE: COMPUTER EMPLOYEE EXEMPTION?
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FAQ
The Fair Labor Standards Act (FLSA) is the federal statute that also puts computer professionals in an exempt status.
The Computer Professional Exemption Under federal law, computer professionals are one type of worker who may be exempt from overtime pay. However, the fact that an employee works on a computer as part of their day-to-day work activities doesn't necessarily qualify them as an exempt employee.
Employees earning more than $100,000 per year are exempt from FLSA overtime and minimum wage requirements if they customarily and regularly perform one or more of the duties of a computer employee. See 29 CFR section 541.601).
New York State Minimum Wage as of December 31, 2022 Thus, to qualify for the professional overtime exemption, employees in New York State must be paid at least the federal exempt salary threshold of $684 per week, regardless of work location.
Examples of employees who would generally meet the professional computer exemption duties are systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field.
Employees earning more than $100,000 per year are exempt from FLSA overtime and minimum wage requirements if they customarily and regularly perform one or more of the duties of a computer employee. See 29 CFR section 541.601).
Highly skilled and is highly proficient in the theoretical and practical application of highly specialized information to computer systems analysis, computer software programs, or software engineering.