- FLSA Overtime Security Advisor
To qualify for exemption as a professional employee, the employee must meet specific duties tests as either a:
- Learned professional,
- Creative professional,
- Lawyer, or
- Doctor, medical resident or medical intern.
Because you responded that the employee's primary duty is not in any of these areas, the employee does not appear to meet the duties tests to be considered an exempt professional employee. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).
If you have further questions about your situation, you may want to review Fact Sheet 17D: Exemption for Professional Employees Under the FLSA or contact your local Wage and Hour Division office. You may want to return to the Main Menu to see if the employee meets the requirements for exemption under another category.