Tag Archives: professional exemption

California Court Upholds Employer’s Classification of Registered Dietitians as Exempt ”Professionals”

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 … Continue Reading

Minnesota Court: Not-For-Profit Course Instructor Is Exempt Teacher

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. § … 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

California Workplace Blog Coverage of Campbell v. PWC: Unlicensed Accountants Eligible for Professional Exemption

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 12062 (9th Cir. … Continue Reading

Federal Court Rejects Application of Professional Exemption to Caseworkers

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 2, 2010). The … Continue Reading