FLSA Overtime Security Advisor

Professional Employees

To qualify for exemption as a professional employee engaged in the practice of medicine, the employee must either:

• Possess a license or certificate permitting the practice of medicine and be actually engaged in that practice, or
• Possess the requisite academic degree for the general practice of medicine and be engaged in a medical internship or resident program.

Because you indicated that the employee meets one of the two conditions described above, the employee appears to meet the duties tests to be considered exempt as a professional employee engaged in the practice of medicine. The compensation requirements do not apply to employees engaged in the practice of medicine. 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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