(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.
