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    are A/E contracts exempt from service contracts labor standards 52.222-41? I looked in the far at subpart 22.1003.3 and 22.1003.4. It mentions exemptions for construction contracts but it doesn't mention A/E contracts or are A/E contracts considered a part of construction?


    Answer

    After reading CFR § 541.300 General rule for professional employees.
     
    (a) The term “employee employed in a bona fide professional capacity” in section 13(a)(1) of the Act shall mean any employee:
     
    (1) Compensated on a salary or fee basis pursuant to § 541.600 at a rate per week of not less than the 40th percentile of weekly earnings of full-time nonhourly workers in the lowest-wage Census Region [ As of December 1, 2016, and until a new rate is published in the Federal Register by the Secretary, such an employee must be compensated on a salary basis at a rate per week of not less than $913] (or 84 percent of that amount per week, [$767.00] if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities. Beginning January 1, 2020, and every three years thereafter, the Secretary shall update the required salary amount pursuant to § 541.607; and
     
    (2) Whose primary duty is the performance of work:
     
    (i) Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction; or
     
    (ii) Requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.
     
    [ 69 FR 22260, Apr. 23, 2004, as amended at 81 FR 32549, May 23, 2016]
     
    Thus, employees of an Architect/Engineering firm are considered exempt employees if they are salaried employees and paid more than $767.00/week and require  "knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction."
     
     


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