§ 541.400. General rule for computer employees.

281 words·~1 min read·/us/cfr/t29/s§ 541.400·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 who is compensated on a salary or fee basis at not less than the level set forth in § 541.600. The section 13(a)(17) exemption applies to any computer employee compensated on an hourly basis at a rate of 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 § 541.602; "fee basis" is defined at § 541.605; "board, lodging or other facilities" is defined at § 541.606; and "primary duty" is defined at § 541.700. \[69 FR 22260, Apr. 23, 2004, as amended at 81 FR 32550, May 23, 2016; 84 FR 51306, Sept. 27, 2019; 89 FR 32971, Apr. 26, 2024\]

Connections1 cite this

Cited by 1 section

Unknown
Final rule

Citation graph

cites case law

§ 541.400

General rule for computer employees.

Fed. Reg.×1

Cites 0Cited by 1 across 1 source