These companies have a demonstrated track record for having no qualms about bald-face lying. Suddenly we'll have an influx of "private sector researchers" to cover those tech jobs.
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 the same level of skills.
If the job definition is covered in that, then it would be classified that way.