Federal law requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.
Certain types of employees (exempt employees), however, are not required to be paid minimum wage or overtime. One of these exemptions is the professional employee exemption.
There are two general types of exempt professional employees under the FLSA: learned professionals and creative professionals. These professionals must earn a salary of at least $455 a week and meet other requirements as discussed below:
Learned Professional Exemption
Most people who qualify for the learned exemption hold some type of license -- for example, doctors, lawyers, CPAs, and professional engineers, etc. For an employer to classify an employee as exempt under the professional exemption, the employee must:
Creative Professional Exemption
People who qualify for the creative exemption are generally actors, musicians, composers, writers, cartoonists, etc. For an employer to classify an employee as exempt under the creative professional exemption, the employee must:
There are different exemption requirements for employees under federal and state employment laws. (Learn more about the California professional exemption.)
Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.
