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.
 
 
Sec. 541.401 Computer manufacture and repair.
 
 The exemption for employees in computer occupations does not 
include employees engaged in the manufacture or repair 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), but who are not primarily engaged in 
computer systems analysis and programming or other similarly skilled 
computer-related occupations identified in Sec. 541.400(b), are also 
not exempt computer professionals.
 
 
Sec. 541.402 Executive and administrative computer employees.
 
 Computer employees within the scope of this exemption, as well as 
those employees not within its scope, may also have executive and 
administrative duties which qualify the employees for exemption under 
subpart B or subpart C of this part. For example, systems analysts and 
computer programmers generally meet the duties requirements for the 
administrative exemption if their primary duty includes work such as 
planning, scheduling, and coordinating activities required to develop 
systems to solve complex business, scientific or engineering problems 
of the employer or the employer's customers. Similarly, a senior or 
lead computer programmer who manages the work of two or more other 
programmers in a customarily recognized department or subdivision of 
the employer, and whose recommendations as to the hiring, firing, 
advancement, promotion or other change of status of the other 
programmers are given particular weight, generally meets the duties 
requirements for the executive exemption.
 

Note: The preceding information is only part of the federal overtime regulation. The reader is advised to read the entire regulation prior to making any decisions regarding overtime pay exemptions. The complete regulation can be found at: www.ibamember.com/fedovertime