12-170 C.M.R. ch. 16, § VI - Special Cases

A. Highly Skilled Computer Employees. Highly skilled employees who have achieved a level of proficiency in the theoretical and practical application of a body of highly-specialized knowledge in computer systems analysis, programming, and software engineering are exempt as professionals where the employee's primary duty involves;

1. The application of systems analysis techniques and procedures, including consulting with users, to determine software, hardware, or system functional specifications,

2. The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on or related to user or system design specifications,

3. The design, documentation, testing, creation or modification of computer programs related to machine operating systems, or

4. A combination of the aforementioned duties, the performance of which requires the same level of skills.

B. Teachers. An employee whose primary duty consists of work as a teacher in the activity of imparting knowledge is exempted if the individual is both employed and engaged as a teacher. The primary duty of an employee exempted as a teacher must be that of activity in the field of teaching. Mere certification by the State or employment in a school will not suffice to qualify an individual for exemption within the scope these rules if the individual is not in fact both employed and engaged as a teacher.

C. Licensed Practical Nurses. Licensed practical nurses do not qualify as exempt learned professionals because possession of a specialized advanced academic degree is not a standard prerequisite for entry into the occupation.

D. Trainees. The executive, administrative, professional, and computer employee exemptions do not apply to employees training for employment in an executive, administrative, professional, or computer employee capacity who are not actually performing the duties of an executive, administrative, professional, or computer employee.

E. Public Safety & Health Workers. Exemptions in this chapter do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees, regardless of rank or pay level, who's primary duty consists of work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work.

Notes

12-170 C.M.R. ch. 16, § VI