C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 541—DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES › Subpart E—Computer Employees

29 C.F.R. § 541.402

Executive and administrative computer employees

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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.

Notes of Decisions
Cited in 2 cases, 2008–2013 · leading case: Bernard v. Grp. Publ'g, Inc., 970 F. Supp. 2d 1206 (D. Colo. 2013).
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Bernard v. Grp. Publ'g, Inc., 970 F. Supp. 2d 1206 (D. Colo. 2013). · cites it 2× “Pursuant to 29 C.F.R. § 541.402 , "[c]omputer 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.”
Heffelfinger v. Elec. Data Sys. Corp., 580 F. Supp. 2d 933 (C.D. Cal. 2008). “” 29 C.F.R. § 541.402 . Stated differently, when computer employees like plaintiffs coordinate systems to solve a customer’s computer problems, their work is administrative.”
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