Understanding “Professional Employee” Status Under Federal Law

Under the Fair Labor Standards Act (FLSA), some professional employees are considered exempt from overtime and minimum wage protections. However, not everyone with a professional-sounding title qualifies — the law sets strict standards for who is exempt.

In this guide, we’ll break down the two main categories of exempt professionals:

• Learned professionals
• Creative professionals

Each has its own set of criteria, and both require more than just experience or skill; they demand very specific types of work and education.

Quick Legal Update: Where the FLSA Stands Now

In 2024, the U.S. Department of Labor introduced proposed changes to the FLSA, including updated salary thresholds for exempt employees. However, those changes were blocked in federal court and never took effect.

As a result, the 2019 standards are still the law of the land.

Here’s what that means in practical terms:

• To be classified as exempt, an employee must earn at least $684 per week on a salary basis
• For highly compensated employees, the minimum annual pay is $107,432

But salary alone isn’t enough. The type of work you perform plays a crucial role in whether the exemption applies. Let’s take a closer look at the two categories of professional employees recognized under the FLSA: learned professionals and creative professionals.

Learned Professional Exemption

The learned professional exemption applies to employees whose work is primarily intellectual in nature and typically requires a specialized academic degree. To qualify under this exemption, all of the following criteria must be met:

• You’re paid on a salary or fee basis of at least $684 a week
• Your primary duties involve advanced knowledge that requires consistent use of judgment and critical thinking
• The knowledge is in a recognized field such as science, law, medicine, or education
• That knowledge is customarily acquired through prolonged academic instruction, not simply through on-the-job training or work experience

This exemption is designed for roles that require deep expertise, rooted in formal education, rather than just skill or technical ability.

So, what counts as advanced knowledge under the FLSA?

It’s not just about being smart; it’s about applying analytical skills, interpreting data, solving complex problems, and making informed decisions based on formal training and expertise.

This type of work contrasts with roles that are primarily manual, routine, or procedural in nature.

Common Fields That Qualify

Examples of fields that typically meet this exemption include:

• Law
• Medicine
• Engineering
• Teaching
• Accounting
• Architecture
• Sciences like chemistry, biology, or pharmacy

These professions are well-established and generally require academic degrees or formal certification, not just hands-on experience.

Do You Need a Degree?

In most cases, yes. The FLSA’s learned professional exemption is based on the concept that advanced knowledge is acquired through formal academic education, typically a bachelor’s degree or higher in a specialized field.

However, the rule uses the word “customarily” acquired through academic instruction, which leaves room for rare exceptions.

If an employee has gained equivalent knowledge through a combination of extensive job experience, independent study, and training, and performs the same duties as degreed professionals in the same field, they might still qualify.

That being said, these cases are rare and challenging to prove. Without a degree, employers and employees should proceed with caution before assuming the exemption applies.

The Creative Professional Exemption

This exemption applies to employees in fields where originality, imagination, and creative expression are core to the work. We're talking about artists, writers, performers, and other professionals who contribute something uniquely their own.

To qualify for the creative professional exemption, the following criteria must be met:

• You must earn at least $684 a week on a salary or fee basis
• Your primary duties must involve invention, imagination, originality, or talent in a recognized artistic or creative field

What Kind Of Work Qualifies?

To meet this exemption, the work must go beyond following instructions or applying standard procedures. It must involve a personal, creative contribution —something expressive, interpretive, or artistic.

Examples of roles that may qualify include:

• Musicians
• Novelists
• Cartoonists
• Actors and performers
• Songwriters and composers
• Graphic or visual designers
• Journalists — but only if their work involves original analysis, interpretation, or commentary

Just reporting facts, compiling data, or rewriting press releases does not qualify. The FLSA makes it clear: this exemption is reserved for work that requires creative thought, not just technical execution.

What About Teachers, Lawyers, and Medical Practitioners?

Teachers are Automatically Exempt

If your primary duty is teaching, tutoring, instructing, or lecturing in an educational setting, you are exempt under the FLSA, no matter how much you earn.

The salary threshold does not apply to teachers actively engaged in educational work.

This exemption covers a range of teaching roles, including:

• Classroom teachers
• Music or art instructors
• Special education teachers
• Flight instructors
• Driving instructors
• Vocational or technical training teachers

As long as you are primarily involved in teaching activities, you qualify for the exemption automatically.

Licensed Lawyers and Medical Practitioners Are Also Exempt

Similarly, anyone who holds a valid license to practice law or medicine is automatically exempt under the FLSA, regardless of salary level, as long as they are actively working in the field.

This includes:

• Licensed attorneys
• Licensed physicians
• Medical interns or residents in accredited training programs

If you are licensed and practicing (or training to practice) law or medicine, the exemption applies without the need to meet the standard salary thresholds.

Highly Compensated Employees and Overtime Exemptions

If you earn at least $107,432 per year, you may qualify as exempt even if you don’t meet every single element of the standard exemption test.

To be exempt as a highly compensated employee, you must:

• Regularly perform at least one duty from the executive, administrative, or professional categories.

In other words, if you’re performing high-level work and earning a significant salary, you might qualify for exemption, even if you don't check every box required under the usual tests.

Quick Recap: Does the Professional Exemption Apply to You?

Here’s a quick breakdown to help you understand where you might fit:

• Learned Professionals:

You work in law, medicine, science, or education; your duties are intellectual and require independent judgment; and you typically need a specialized degree.

• Creative Professionals:

You create original works using imagination and talent in fields such as music, writing, or design, and your work adds something truly unique and distinctive.

• Teachers, Lawyers, and Doctors:

You are automatically exempt if you are actively teaching, practicing law, or working in a licensed medical role.

Disclaimer: This information is based on fact sheets the DOL provides.

Think You’re Being Misclassified? We’re Here to Help.

If you're unsure whether your role should be exempt or if you believe you’ve been wrongfully denied overtime, the employment attorneys at Morgan & Morgan are ready to fight for your rights.

Get in touch today for a free, no-obligation case evaluation and find out how we can help protect what you’ve earned.