[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3038 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3038

To amend the Fair Labor Standards Act of 1938 to clarify the exemption 
 from the minimum wage and overtime compensation requirements of that 
                Act for certain computer professionals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1999

  Mr. Andrews (for himself, Mr. Graham, and Mr. Owens) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Fair Labor Standards Act of 1938 to clarify the exemption 
 from the minimum wage and overtime compensation requirements of that 
                Act for certain computer professionals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXEMPTION FOR COMPUTER PROFESSIONALS.

    Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(a)) is amended by amending paragraph (17) to read as follows:
            ``(17) any employee who is a computer systems, network, or 
        database analyst, designer, developer, programmer, software 
        engineer, or other similarly skilled worker--
                    ``(A) whose primary duty is--
                            ``(i) the application of systems or network 
                        or database analysis techniques and procedures, 
                        including consulting with users, to determine 
                        hardware, software, systems, network, or 
                        database specifications (including functional 
                        specifications);
                            ``(ii) the design, configuration, 
                        development, integration, documentation, 
                        analysis, creation, testing, securing, or 
                        modification of, or problem resolution for, 
                        computer systems, networks, databases, or 
                        programs, including prototypes, based on and 
                        related to user, system, network, or database 
                        specifications, including design specifications 
                        and machine operating systems;
                            ``(iii) the management or training of 
                        employees performing duties described in clause 
                        (i) or (ii); or
                            ``(iv) a combination of duties described in 
                        clauses (i), (ii), or (iii) the performance of 
                        which requires the same level of skills; and
                    ``(B) who, in the case of an employee who is 
                compensated on an hourly basis, is compensated at the 
                rate set by the amendment enacting this paragraph made 
                by section 2105(a) of the Employee Commuting 
                Flexibility Act of 1996.
        For purposes of paragraph (17), the term `network' includes the 
        Internet and intranet networks and the world wide web. An 
        employee who meets the exemption provided by paragraph (17) 
        shall be considered an employee in a professional capacity 
        pursuant to paragraph (1).''.
                                 <all>