FLSA Overtime Security Advisor

Professional Employees

Because you responded that specialized intellectual instruction and academic training is not a standard prerequisite for entry into the particular field in which the employee customarily and regularly performs one or more duties or responsibilities, the employee does not appear to meet the duties tests for exemption as a highly compensated learned 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).

As knowledge is developed, academic training is broadened and specialized degrees are offered in new and diverse fields, new specialists in particular fields of science or learning may be created. When an advanced specialized degree has become a standard requirement for a particular occupation, that occupation may have acquired the characteristics of a learned profession. However, the employee must still meet the requirements of all of the duties tests to qualify for exemption as a learned professional employee.

You may want to explore the Executive or the Administrative sections for help in determining whether the employee meets the tests for exemption as a highly compensated executive or administrative employee.

If you have further questions about your situation, you may want to review Fact Sheet #17H:  Highly-Compensated Workers and the Part 541 Exemptions Under the FLSA or contact your local Wage and Hour Division office.

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