By Mass law, employers have to pay employees overtime pay, with some exceptions. Exemptions applies only to highly skilled employees who have achieved a level of proficiency in the theoretical and practical application of a body of highly specialized knowledge, such as, computer and system analysis, programming, and software engineering. It is usually a fact specific task to define what types of jobs within this parameter has "achieved certain level of proficiency", mostly those employees who do not need close supervision and can work independently.
To avoid overtime claims in software industry and emerging businesses that may be able to take advantage of a special minimum wage and overtime exemption for workers in these areas. The employees must be salaried or hourly, with a regular rate of a minimum wage set by the law, and must have a primary duty consisting of either or any combination of:
Application of system analysis techniques and procedures.
Design, development, documentation, analysis, creation, testing, or modification of computer systems or programs; or
Design, documentation, testing, creation, or modification of computer programs related to machine operating systems.
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