J. J. Keller® Compliance Network Logo
Start Experiencing Compliance Network for Free!
Update to Professional Trial!

Be Part of the Ultimate Safety & Compliance Community

Trending news, knowledge-building content, and more – all personalized to you!

Already have an account?
FREE TRIAL UPGRADE!
Thank you for investing in EnvironmentalHazmat related content. Click 'UPGRADE' to continue.
CANCEL
YOU'RE ALL SET!
Enjoy your limited-time access to the Compliance Network!
A confirmation welcome email has been sent to your email address from ComplianceNetwork@t.jjkellercompliancenetwork.com. Please check your spam/junk folder if you can't find it in your inbox.
YOU'RE ALL SET!
Thank you for your interest in EnvironmentalHazmat related content.
WHOOPS!
You've reached your limit of free access, if you'd like more info, please contact us at 800-327-6868.
You'll also get exclusive access to:
TRY IT FREE TODAY
Already have an account? .
Professional exemption
  • Professional employees qualify for exemption under FLSA if their job duties and salary meet the criteria.

To qualify for the learned professional employee exemption, all of the following tests must be met. The employee must:

  • Be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684 per week;
  • Have a primary duty of performance of work requiring advanced knowledge (defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment);
  • Have advanced knowledge in a field of science or learning; and
  • Have advanced knowledge that was customarily acquired by a prolonged course of specialized intellectual instruction.

To qualify for the creative professional employee exemption, all of the following tests must be met. The employee must:

  • Be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684 per week; and
  • Have a primary duty of performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.