[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 495 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 495

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 SENATE OF THE UNITED STATES

                             March 3, 2003

 Mr. Graham of South Carolina introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 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.

    Paragraph (17) of section 13(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(a)(17)) is amended to read as follows:
            ``(17)(A) any employee who is a computer systems, network, 
        or database analyst, designer, developer, programmer, software 
        engineer, or other similarly skilled worker--
                    ``(i) 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 
                        subclause (I) or (II); or
                            ``(IV) a combination of duties described in 
                        subclauses (I), (II), or (III) the performance 
                        of which requires the same level of skills; and
                    ``(ii) who, in the case of an employee who is 
                compensated on an hourly basis, is compensated at a 
                rate of not less than $27.63 an hour.
            ``(B) In this paragraph, the term `network' includes the 
        Internet and Intranet networks and the world wide web.
            ``(C) For the purposes of this Act, an employee who meets 
        the exemption provided by this paragraph shall be considered an 
        employee in a professional capacity under paragraph (1).''.
                                 <all>