We previously discussed the Fair Labor Standards Act’s (“FLSA”) requirement for overtime compensation and the potential applicability of multiple exemptions. One of the FLSA exemptions is the professional exemption. There are two types of exempt professional employees: learned professionals and creative professionals. To determine whether an employee qualifies for the learned professional exemption, a detailed factual analysis must be conducted, including: 1.) the employee’s wages; 2.) whether the primary duty of the employee includes work requiring advanced knowledge; 3.) whether the employee’s advanced knowledge is in a field of science or learning; and 4.) whether the employees’ knowledge was acquired through specialized courses or work experience. The analysis for the creative professional exemption is focused on whether the employees’ primary duty is in the performance of work requiring invention, imagination, originality, or talent. To determine whether any of your employees qualify for the professional exemption, call the Business Law Group today and speak to an attorney.
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