includes work requiring the consistent exercise of discretion & judgment;
the advanced knowledge must be in a field of science or learning; and
the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Computer Professional Exemption
To qualify for the computer professional employee exemption, all of these tests must be met:
the employee must be compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour; and
the employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;
The employee s primary duty must consist of:
the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
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;
the design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
a combination of the aforementioned duties, the performance of which requires
Outside Sales Exemption
To qualify for the outside sales employee exemption, all of the following tests must be met:
1. the employee s primary duty must be making sales (as defined in the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and
the employee must be customarily and regularly engaged away from the employer’s place or places of business.