HR Support on the FLSA Professional Exemption

Editor's Note: Doctors, lawyers, accountants, engineers, architects and others can be exempt from the FLSA's overtime requirements.

Michael CardmanOverview: Two types of professionals are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA): learned professionals, such as doctors, lawyers, accountants and engineers, and creative professionals, such as actors, musicians and visual artists.

The former are relatively easy to classify. The basic requirement is that learned professionals must be paid on a salary basis and perform work requiring advanced knowledge in a field of science or learning that is customarily acquired through a prolonged course of specialized intellectual instruction.

The latter are somewhat more difficult to peg down. The general rule for employee classification is that creative professionals must be paid on a salary basis and perform work that requires invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

Author: Michael Cardman, Legal Editor

Latest items in Professional Exemption

  • How to Determine if an Employee Qualifies for the Learned Professional Exemption

    Type:
    How To

    Many lawyers, doctors, accountants, teachers and other professionals can be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Follow the steps in this How To to be sure an employee qualifies for the learned professional exemption.

  • How to Determine if an Employee Qualifies for the Creative Professional Exemption

    Type:
    How To

    Many actors, musicians, artists and other employees whose work requires "invention, imagination, originality or talent" can be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Follow the steps in this How To to determine whether an employee qualifies for the creative professional exemption.

  • DOL Plans to Double Minimum Salary for Overtime-Exempt Employees to $50,440

    Date:
    30 June 2015
    Type:
    News

    Under new Fair Labor Standards Act regulations proposed by the US Department of Labor, an estimated 4.6 million workers who are currently overtime-exempt would become eligible for overtime.

  • Employee Classification: New York

    Type:
    Employment Law Manual

    In-depth review of the spectrum of New York employment law requirements HR must follow with respect to employee classification.

  • Employee Classification: California

    Type:
    Employment Law Manual

    In-depth review of the spectrum of California employment law requirements HR must follow with respect to employee classification.

  • Employee Classification: Nevada

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Nevada employment law requirements HR must follow with respect to employee classification.

  • Classify a Position as Exempt or Nonexempt

    Type:
    Liveflo

    Use this workflow to determine if an employee is exempt or nonexempt from the minimum wage or overtime requirements of the Fair Labor Standards Act (FLSA).

  • Employee Classification: Maryland

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to Employee Classification.

  • Employee Classification: West Virginia

    Type:
    Employment Law Manual

    In-depth review of the spectrum of West Virginia employment law requirements HR must follow with respect to employee classification.

  • Employee Classification: Michigan

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Michigan employment law requirements HR must follow with respect to employee classification.