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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1747 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1747

  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.

_______________________________________________________________________

                   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.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. 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).''.
                                 <all>
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