A guide to professional exemptions
As part of the U.S. Department of Labor's Fair Standards Act (FLSA), employees are guaranteed minimum wage and premium overtime pay if they work more than 40 hours in a standard week. However, certain positions are exempt from those basic employee benefits. Administrative, executive, outside sales, computer and professional employees whose job duties meet specific criteria outlined by the FLSA are considered exempt.
To qualify for an exemption as a professional, employees must first be paid a salary of no less than $455 per week, and qualify under the learned or creative category.
Learned professionals must primarily be engaged in work that requires intellectual knowledge and tasks that demand their discretion and judgment on a consistent basis. They must have advanced knowledge in a science or learning field and have gained specialized knowledge through substantial intellectual instruction. Architects, accountants, athletic trainers, cartographers, chefs, dental hygienists, embalmers, engineers, funeral directors, librarians and medical technicians might be considered exempt under these provisions.
Creative professionals must be engaged in a recognized field of creative or artistic work that demands originality, talent, invention or imagination. Announcers, artists, editors, musicians, photographers, reporters, singers and writers might fall under this exemption.
Employers who aren't sure whether workers fall under a professional exemption might consider outsourcing human resources to get professional advice about the proper classifications for workers.
To qualify for an exemption as a professional, employees must first be paid a salary of no less than $455 per week, and qualify under the learned or creative category.
Learned professionals must primarily be engaged in work that requires intellectual knowledge and tasks that demand their discretion and judgment on a consistent basis. They must have advanced knowledge in a science or learning field and have gained specialized knowledge through substantial intellectual instruction. Architects, accountants, athletic trainers, cartographers, chefs, dental hygienists, embalmers, engineers, funeral directors, librarians and medical technicians might be considered exempt under these provisions.
Creative professionals must be engaged in a recognized field of creative or artistic work that demands originality, talent, invention or imagination. Announcers, artists, editors, musicians, photographers, reporters, singers and writers might fall under this exemption.
Employers who aren't sure whether workers fall under a professional exemption might consider outsourcing human resources to get professional advice about the proper classifications for workers.
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