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FLSA Overtime Security Advisor

Professional Employees

The learned professional exemption requires the employee's primary duty to be the performance of work requiring advanced knowledge in a field of science or learning. Work requiring advanced knowledge is defined as work that is predominantly intellectual in character that includes work requiring the consistent exercise of discretion and judgment. In general, exercising discretion and judgment involves comparing and evaluating possible courses of action and acting or making a decision after the various possibilities have been considered. Thus, an exempt learned professional employee who performs work requiring advanced knowledge generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances.

Is the employee's primary duty the performance of work that is predominantly intellectual in character which requires the employee to consistently exercise discretion and judgment in applying his or her advanced knowledge?

Yes
No