FLSA Overtime Security Advisor

Professional Employees

Because you indicated that the employee's primary duty is not the performance of work that is predominantly intellectual in character that requires the employee to consistently exercise discretion and judgment in applying his or her advanced knowledge, the employee does not appear to meet the duties tests for exemption as a 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).

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.

FLSA Overtime Security Advisor Main Menu | Wage and Hour Division