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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.
Overview: 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
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Employee Classification: Idaho
In-depth review of the spectrum of Idaho employment law requirements HR must follow with respect to employee classification.
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Employee Classification: Alaska
In-depth review of the spectrum of Alaska employment law requirements HR must follow with respect to employee classification.
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Employee Classification: Washington
In-depth review of the spectrum of Washington employment law requirements HR must follow in respect to employee classification.
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Employee Classification: Oregon
In-depth review of the spectrum of Oregon employment law requirements HR must follow with respect to employee classification.
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Employee Classification: New Mexico
In-depth review of the spectrum of New Mexico employment law requirements HR must follow with respect to employee classification.
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Employee Classification: Nevada
In-depth review of the spectrum of Nevada employment law requirements HR must follow with respect to employee classification.
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Employee Classification: Maine
In-depth review of the spectrum of Maine employment law requirements HR must follow with respect to employee classification.
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Employee Classification: West Virginia
In-depth review of the spectrum of West Virginia employment law requirements HR must follow with respect to employee classification.
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Employee Classification: Oklahoma
In-depth review of the spectrum of Oklahoma employment law requirements HR must follow with respect to employee classification.
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Employee Classification: North Carolina
In-depth review of the spectrum of North Carolina employment law requirements HR must follow with respect to employee classification.
About this topic
HR guidance on complying with the FLSA requirements for the professional exemption.
Professional Exemption: Key Items
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How to Determine if an Employee Qualifies for the Learned Professional Exemption
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How to Determine if an Employee Qualifies for the Creative Professional Exemption
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Employee Classification > Professional Employees
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Classify an Employee Under the FLSA
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Reclassify an Employee With Evolving Job Duties
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Classify a Position as Exempt or Nonexempt