To be considered a professional employee, an individual's job duties require the application of advanced, specialized learning or credentials. Typically, but not necessarily, a professionally exempt employee will hold a specialized academic degree in the field in which their working. Professionally exempt job duties imply that the employee exercises a great deal of judgement and discretion in performing the work for their particular job. The Department of Labor identifies that following categories of employees as examples of individuals falling within the professional exemption: Registered or Certified Medical Technologists; Registered Nurses or RNs, Dental Hygenists, Physician Assistants, CPAs, Chefs with the right culinary training, Lawyers, Driving Instructors, Scuba Instructors, and Athletic Trainors. The Department of Labor also provides a list of individuals that generally do not fall within the professional exemption by contrast. Examples of these individuals would be Cooks or Non-degreed Chefs; LPNs, or Licensed Practical Nurses; Bookkeepers; Paralegals or Legal Assistants; Trainees; and Hourly Paid Accountants. Remember that exemptions are done on a case by case basis.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
Fill out this form for a FREE, Immediate, Case Evaluation
