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Under the Fair Labor Standards Act (FLSA), which exemption allows hourly compensation for employees?

  1. Creative Professional Exemption

  2. Highly Compensated Employee Exemption

  3. Computer Professional Exemption

  4. Professional Employee Exemption

The correct answer is: Computer Professional Exemption

The Computer Professional Exemption under the Fair Labor Standards Act (FLSA) pertains specifically to employees in the computer field and does allow for hourly compensation. This exemption is designed for individuals involved in computer programming, systems analysis, and similar duties that are considered specialized and require a high level of expertise. Employees under this exemption are usually paid either on a salary basis of at least a specified minimum or on an hourly basis at a rate not less than the federal minimum wage. The other exemptions enumerated in the question, such as the Creative Professional Exemption and the Highly Compensated Employee Exemption, primarily apply to employees who are compensated on a salary basis and meet other specific criteria related to their job duties. Similarly, the Professional Employee Exemption usually requires employees to be paid a salary above a certain threshold and engage in work that is intellectual or requires advanced knowledge. In summary, the Computer Professional Exemption is notable in that it allows for hourly compensation, distinguishing it from other exemptions that typically require a salary structure.