Rules for Exempting People from Overtime - Learned Professional Exemption
Last week on our weekly newsletter, we talked about the Administrative Exemption to the salary compensation for overtime rules. As a reminder, I listed the exemptions to paying someone overtime below.
Executive Exemption
Administrative Exemption
Professional Exemption
Computer Exemption
Outside Sales Exemption
Highly Compensated Exemption
This week we're going to talk about the learned professional exemption for overtime.
To qualify for the professional exception employee exception, all 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;
The employee’s primary duty must be the 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;
The advanced knowledge must be in a field of science or learning; and
The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Fields of science or learning include law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status and are distinguishable from the mechanical arts or skilled trades where the knowledge could be of a fairly advanced type, but is not in a field of science or learning.
Under this rule, someone with a high school diploma, probably would not qualify. But someone like the scientist Neil deGrasse Tyson would.
At cavness HR, we deliver HR to companies with 49 or fewer people by automating the HR process while maintaining the human touch. We want to bring big business HR to small business.
Any questions about this anything HR related, reach out to me at jasoncavness@cavnessHRcom. or reach out to us on social media at cavnesHR across most social media platforms.
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