professional exemption

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As the healthcare field continues to expand to meet evolving standards of care and government regulations, industry employers have created or modified categories of professional employees to meet business and medical needs.  New positions have been created which are not addressed by name in existing DOL regulations and case law concerning applicability of the learned…

The Fair Labor Standards Act exempts teachers from minimum wage and overtime as professionals where their “primary duty is teaching, tutoring, instructing or lecturing in the activity of imputing knowledge and [the employee is] employed and engaged in this activity as a teacher in an educational establishment by which the employee is employed.” 29 C.F.R. §…

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…

As discussed in detail on Jackson Lewis’ California Workplace Blog, the Ninth Circuit has resuscitated the California Labor Code’s “learned professional” exemption, reversing a decision from the Eastern District of California which held that unlicensed accountants could not qualify as a matter of law.  Campbell v. PricewaterhouseCoopers, LLP, 2011 U.S. App. LEXIS…

In yet another wage-and-hour decision with the potential to disrupt longstanding practices within an industry, a federal court in Florida has ruled that the FLSA’s “learned professional” exemption does not apply to a group of caseworkers providing child protection services for an state-authorized agency. Talbott, et al v. Lakeview Center, 06-cv-378 (N.D. Fla. February…