A Brief Guide to the FLSA’s Professional Employee Exemption
Overtime pay in the US is mandatory under the Fair Labor Standards Act for certain employees. According to FLSA and its guidelines, “professional” employees are not qualified for overtime pay. But how does the legislation determine who falls under this category? We explore the terminologies under the FLSA’s professional exemption in this brief guide.
What Are the Requirements for FLSA Professional Exemption?
Two types of professional employees are exempt from overtime pay according to the FLSA: learned and creative professionals. Like most FLSA exemptions, these individuals must meet specific criteria. Let’s break down the requirements for each category:
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The Learned Professional
To qualify for the FLSA’s learned professional exemption, employees must:
- Receive at least $684 weekly as salary
- Primarily execute work requiring advanced knowledge (otherwise defined as tasks that are predominantly intellectual in character) in a field of science or learning
The individual must also acquire this advanced knowledge through a prolonged course of specialized intellectual instruction – in other words, a college education.
According to the FLSA, an employee under this category consistently utilizes “advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances.” Lawyers, engineers, doctors, nurses, teachers, and accountants fall within this classification of professionals.
However, employees with valid legal or medical licenses/degrees are only exempt if they are actively involved in their respective practices. Individuals with medical degrees also fall under this category if they are undergoing an internship or resident program related to the profession.
Furthermore, teachers are only exempt if they are primarily responsible for tutoring, instructing, or lecturing in a recognized educational institution. Some employees who qualify based on this definition include regular academic teachers, tutors of gifted or disabled children, teachers of skilled and semi-skilled occupations, aircraft flight and automobile driving instructors, and music teachers.
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The Creative Professional
According to the FLSA, creative professionals must meet the following requirements to be ineligible for overtime pay:
- Receive a minimum of $684 weekly as salary
- Primarily perform work requiring invention, imagination, originality, or talent in a recognized artistic field
This exemption is slightly more complex than others because the extent of the invention or imagination utilized by the employee is a factor to consider when determining who falls under this category. As a result, employers must decide who qualifies for creative professional exemption on a case-by-case basis.
However, on a broad note, actors, cartoonists, writers, novelists, essayists, musicians, composers, and soloists are some exempt workers under this classification. Journalists may also qualify as creative professionals if they utilize imagination and invention in their primary duties.
On the other hand, journalists who only collect, organize, and record routine/public information or those who don’t contribute a unique interpretation to news publications aren’t part of exempt employees.
Are You a Victim of FLSA Misclassification at Your Workplace? Hire Professional Legal Counsel Now!
FLSA misclassification is a common occurrence in US workplaces. Some employers categorize individuals under learned and creative professionals to deny them overtime pay even when they do not meet the requirements. If you have experienced this scenario at your workplace, it’s time to hire legal assistance to get justice against your employer.
Our employment law attorneys at the Law Office of Sheri Oluyemi have the expertise and understanding of US labor laws to navigate your situation and defend your rights. We’ll review your case in line with the necessary legislation and decide the best course of action to reclaim all lost wages. Contact us today to schedule a free consultation with our experts.
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