(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 a rate of not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employers other than the Federal government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging, or other facilities. 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; 91 FR 27835, May 15, 2026]
Notes of Decisions
Todd Pioch v. IBEX Eng'g Servs., Inc., 825 F.3d 1264 (11th Cir. 2016).
· cites it 3× “But in 1996, Congress enacted a more specific exemption in § 213(a)(17) which clarified the “duties” requirements by codifying most of the regulatory language for computer employees.”
Bergquist v. Fid. Info. Servs., Inc., 399 F. Supp. 2d 1320 (M.D. Fla. 2005).
· cites it 11× “303 (2003); 29 C.F.R. § 541.400 (2004). Defendant argues because the new DOL regulations became effective August 23, 2004, and Plaintiff was terminated in October 2004, the older version of the DOL regulations apply to the majority of time in question.”
Sethi v. Narod, 974 F. Supp. 2d 162 (E.D.N.Y 2013).
· cites it 2× “§ 213 (a)(17); see also 29 C.F.R. § 541.400 (b) (setting forth same).”
Chicca v. St. Luke's Episcopal Health Sys., 858 F. Supp. 2d 777 (S.D. Tex. 2012).
· cites it 6× “29 C.F.R. § 541.400 (b). The regulations make clear that not all employees who work with computers are to be exempted under the FLSA.”
Young v. Cerner Corp., 503 F. Supp. 2d 1226 (W.D. Mo. 2007).
“Cerner maintains that her job description places her within the software engineers exemption at 29 CFR § 541.400 . Any analysis of the merits of that claim, though not at issue at this early stage, would necessary involve a review of her job description and responsibilities.”
Arasimowicz v. All Panel Sys., LLC, 948 F. Supp. 2d 211 (D. Conn. 2013).
“29 C.F.R. § 541.400 (b). Arasimowicz argues that he was not an exempt computer professional, because the exemption is “aimed at IT professionals whose work related to computers per se, not at em: ployees whose work happens to be performed using a computer.”
Gofron v. Picsel Tech., Inc., 804 F. Supp. 2d 1030 (N.D. Cal. 2011).
· cites it 2× “See 29 C.F.R. § 541.400 (a). Computer employees are those 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 *1042 specifications; (2) The design,…”
Bernard v. Grp. Publ'g, Inc., 970 F. Supp. 2d 1206 (D. Colo. 2013).
· cites it 2× “§ 213 (a)(17); see also 29 C.F.R. § 541.400 (stating that computer systems analysts, computer programmers, software engineers and other similarly skilled workers are exempt under both § 213(a)(1) and § 213(a)(17)).”
Cruz v. Lawson Software, Inc., 764 F. Supp. 2d 1050 (D. Minnesota 2011).
“See 29 C.F.R. § 541.400 . b) Administrative Exemption The administrative exemption applies to employees whose “primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s…”
Campbell v. Kannapolis City Schs. Bd. of Educ., 55 F. Supp. 3d 821 (M.D.N.C. 2014).
· cites it 3× “§ 213 (a)(17); see also 29 C.F.R. § 541.400 . Of note, however, [t]he exemption for employees in computer occupations does not include employees engaged in the manufacture or repair of computer hardware and related equipment.”
Longlois v. Stratasys, Inc., 88 F. Supp. 3d 1058 (D. Minnesota 2015).
“See also 29 C.F.R. § 541.400 (b). Stratasys makes little effort to show how any of Longlois’ duties could satisfy any of these 'factors.”
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