II 112th CONGRESS 1st Session S. 1747 IN THE SENATE OF THE UNITED STATES October 20, 2011 Mrs. Hagan (for herself, Mr. Isakson, Mr. Enzi, and Mr. Bennet) 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 modify provisions relating to the exemption for computer systems analysts, computer programmers, software engineers, or other similarly skilled workers.

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Short title

This Act may be cited as the Computer Professionals Update Act or the CPU Act.

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Amendment to the Fair Labor Standards Act of 1938

Section 13(a)(17) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(17)) is amended to read as follows: (17)any employee working in a computer or information technology occupation (including, but not limited to, work related to computers, information systems, components, networks, software, hardware, databases, security, internet, intranet, or websites) as an analyst, programmer, engineer, designer, developer, administrator, or other similarly skilled worker, whose primary duty is— (A)the application of systems, network or database analysis techniques and procedures, including consulting with users, to determine or modify hardware, software, network, database, or system functional specifications; (B)the design, development, documentation, analysis, creation, testing, securing, configuration, integration, debugging, modification of computer or information technology, or enabling continuity of systems and applications; (C)directing the work of individuals performing duties described in subparagraph (A) or (B), including training such individuals or leading teams performing such duties; or (D)a combination of duties described in subparagraphs (A), (B), and (C), the performance of which requires the same level of skill; who is compensated at an hourly rate of not less than $27.63 an hour or who is paid on a salary basis at a salary level as set forth by the Department of Labor in part 541 of title 29, Code of Federal Regulations. An employee described in this paragraph shall be considered an employee in a professional capacity pursuant to paragraph (1)..