Tag Archives: degree requirement

Mississippi Judge: Question of Fact As to Exempt Status of Paralegal

That exemption analysis is fact specific is one of the only central tenets of wage-and-hour law on which all practitioners agree. The facts surrounding an individual’s employment must be analyzed in every case, whether to determine an employee’s level of discretion and independent judgment (under the administrative exemption), to determine if their primary duty was management … Continue Reading

District Judge Finds Therapists to be Exempt Professionals

The FLSA “learned” professional exemption requires an individual to perform work requiring advance knowledge in a field of science or learning, and that such knowledge customarily be acquired through prolonged academic instruction. Challenges to the applicability of this exemption often arise in the healthcare industry relating to positions outside the classically recognized professions, e.g., doctors and … Continue Reading

Appellate Court Holds That Social Workers Employed By The State of Washington Are Not Exempt “Learned” Professionals

Disputes regarding the application of the FLSA’s “learned” professional exemption can arise where many – but not all or even “most” – holders of a given position possess specific or substantially-job related academic credentials, but others do not. This is so due to some courts’ narrow interpretation of the learned professional exemption’s requirement that the position … Continue Reading
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