FLSA Overtime Security Advisor

Professional Employees

You indicated that:

• The employee is paid a set fee for each job performed regardless of the time it takes to complete the job and the fee computes to a rate that would yield at least $684 per week if the employee worked 40 hours;
• The employee's primary duty is work in a recognized field of science or learning;
• The employee's primary duty is work that requires advanced knowledge that is customarily acquired by a prolonged course of specialized intellectual instruction;
• The employee's primary duty is work that is predominantly intellectual and includes consistent exercise of discretion and judgment in applying advanced knowledge; and
• The employee possesses the appropriate academic degree as evidence of the prolonged course of specialized academic instruction.

Therefore, based on these responses, the employee appears to meet the duties tests for exemption as a learned professional employee. However, to qualify for exemption on a "fee basis," certain other tests must be met to demonstrate the employee is paid at a rate not less than $684 per week. You should also review the Compensation Requirements section to determine whether the employee's pay meets the criteria for exemption. 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.

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