FLSA Overtime Security Advisor

Professional Employees

You indicated that:

• The employee's annual compensation is at least $107,432, which includes a weekly guarantee of at least $684 paid on a salary or fee basis;
• 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, additional tests must be met concerning the weekly guarantee of at least $684. 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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