[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.400]

[Page 190]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, 
 
                      Subpart E_Computer Employees
 
Sec. 541.400  General rule for computer employees.


    (a) Computer systems analysts, computer programmers, software 
engineers or other similarly skilled workers in the computer field are 
eligible for exemption as professionals under section 13(a)(1) of the 
Act and under section 13(a)(17) of the Act. Because job titles vary 
widely and change quickly in the computer industry, job titles are not 
determinative of the applicability of this exemption.
    (b) The section 13(a)(1) exemption applies to any computer employee 
compensated on a salary or fee basis at a rate of not less than $455 per 
week (or $380 per week, if employed in American Samoa by employers other 
than the Federal Government), exclusive of board, lodging or other 
facilities, and the section 13(a)(17) exemption applies to any computer 
employee compensated on an hourly basis at a rate not less than $27.63 
an hour. In addition, under either section 13(a)(1) or section 13(a)(17) 
of the Act, the exemptions apply only to computer employees whose 
primary duty consists of:
    (1) The application of systems analysis techniques and procedures, 
including consulting with users, to determine 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 term ``salary basis'' is defined at Sec. 541.602; ``fee 
basis'' is defined at Sec. 541.605; ``board, lodging or other 
facilities'' is defined at Sec. 541.606; and ``primary duty'' is 
defined at Sec. 541.700.

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