---
kind: "section"
citation: "29 C.F.R. § 541.400"
title: "29"
number: "541.400"
heading: "General rule for computer employees."
url: "https://uscodex.org/cfr/29/541.400"
---

# §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)](/cfr/29/13.md?p=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)](/cfr/29/13.md?p=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)](/cfr/29/13.md?p=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)](/cfr/29/13.md?p=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](/cfr/29/541.602.md); “fee basis” is defined at [§ 541.605](/cfr/29/541.605.md); “board, lodging or other facilities” is defined at [§ 541.606](/cfr/29/541.606.md); and “primary duty” is defined at [§ 541.700](/cfr/29/541.700.md).

## Notes

### Amendments

[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]

### Authority

Authority: 29 U.S.C. 213; Public Law 101-583, 104 Stat. 2871; Reorganization Plan No. 6 of 1950 (3 CFR 1945-53 Comp. p. 1004); Secretary's Order No. 4-2001 (66 FR 29656). 29 U.S.C. 213; Pub. L. 101-583, 104 Stat. 2871; Reorganization Plan No. 6 of 1950 (3 CFR, 1945-53 Comp., p. 1004); Secretary's Order 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014).

### Source

Source: 69 FR 22260, Apr. 23, 2004, unless otherwise noted.

### Amendments

[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]