How to Determine if an Employee Qualifies for the Learned Professional Exemption
Page Contents
- Step 1: Check That the Employee Performs Work Requiring Advanced Knowledge
- Step 2: Confirm the Advanced Knowledge Is in a Field of Science or Learning
- Step 3: Be Sure the Advanced Knowledge Is Customarily Acquired by a Prolonged Course of Specialized Intellectual Instruction
- Step 4: Check That Professional Work Is the Employee's Primary Duty
- Step 5: Confirm That the Employee Is Paid on a Salary Basis or a Fee Basis
- Step 6: Consult an Attorney or DOL if the Employee Does Not Clearly Satisfy All the Requirements
- Step 7: Fulfill Recordkeeping Requirements and Memorialize the Classification
- Additional Resources
Authors: Michael Cardman, XpertHR Legal Editor, and Allen S. Kinzer, Vorys, Sater, Seymour and Pease LLP
Compared to the executive exemption or the administrative exemption, the learned professional exemption is relatively easy and straightforward to apply. Most lawyers, doctors, accountants, engineers, architects, pharmacists, teachers, hard scientists, actuaries and theologians will qualify. But that does not mean that employers should simply assume an employee with one of these titles is exempt as a professional. Follow these steps to be sure an employee qualifies for the learned professional exemption under the Fair Labor Standards Act (FLSA).