[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.303]

[Page 213-214]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE TERMS ``ANY EMPLOYEE EMPLOYED IN A 
 
                        Subpart B_Interpretations
 
Sec. 541.303  Computer related occupations under Public Law 101-583.

    (a) Pursuant to Public Law 101-583, enacted November 15, 1990, Sec. 
541.3(a)(4) provides that computer systems analysts, computer 
programmers, software engineers, or other similarly skilled workers in 
the computer software field are eligible for exemption as professionals 
under section 13(a)(1) of the Act. Employees who qualify for this 
exemption are highly-skilled in computer systems analysis, programming, 
or related work in software functions. Employees who perform these types 
of work have varied job titles. Included among the more common job 
titles are computer programmer, systems analyst, computer systems 
analyst, computer programmer analyst, applications programmer, 
applications systems analyst, applications systems analyst/programmer, 
software engineer, software specialist, systems engineer, and systems 
specialist. These job titles are illustrative only and the list is not 
intended to be all-inclusive. Further, because of the wide variety of 
job titles applied to computer systems analysis and programming work, 
job titles alone are not determinative of the applicability of this 
exemption.
    (b) To be considered for exemption under Sec. 541.3(a)(4), an 
employee's primary duty must consist of one or more of the following:
    (1) The application of systems analysis techniques and procedures, 
including consulting with users, to determine

[[Page 214]]

hardware, software, or system functional specifications;
    (2) 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;
    (3) The design, documentation, testing, creation or modification of 
computer programs related to machine operating systems; or
    (4) a combination of the aforementioned duties, the performance of 
which requires the same level of skills.
    (c) The exemption provided by Sec. 541.3(a)(4) 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 in computer systems analysis, programming, and software 
engineering, and does not include trainees or employees in entry level 
positions learning to become proficient in such areas or to employees in 
these computer-related occupations who have not attained a level of 
skill and expertise which allows them to work independently and 
generally without close supervision. The level of expertise and skill 
required to qualify for this exemption is generally attained through 
combinations of education and experience in the field. While such 
employees commonly have a bachelor's or higher degree, no particular 
academic degree is required for this exemption, nor are there any 
requirements for licensure or certification, as is required for the 
exemption for the learned professions.
    (d) The exemption does not include employees engaged in the 
operation of computers or in the manufacture, repair, or maintenance of 
computer hardware and related equipment. Employees whose work is highly 
dependent upon, or facilitated by, the use of computers and computer 
software programs, e.g., engineers, drafters, and others skilled in 
computer-aided design software like CAD/CAM, but who are not in computer 
systems analysis and programming occupations, are also excluded from 
this exemption.
    (e) Employees in computer software occupations within the scope of 
this exemption, as well as those employees not within its scope, may 
also have managerial and administrative duties which may qualify the 
employees for exemption under Sec. 541.1 or Sec. 541.2 (see Sec. Sec. 
541.205(c)(7) and 541.207(c)(7) of this subpart).

[57 FR 46744, Oct. 9, 1992; 57 FR 47163, Oct. 14, 1992]