CFR |
Code of Federal Regulations Pertaining to ESA |
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Chapter
V |
Wage and Hour Division, Department of Labor |
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Part
541 |
Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Computer and Outside Sales Employees |
- Section Number: 541.301
- Section Name: Learned professionals.
(a) To qualify for the learned professional exemption, an
employee's primary duty must be the performance of work requiring
advanced knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual instruction.
This primary duty test includes three elements:
(1) The employee must perform work requiring advanced knowledge;
(2) The advanced knowledge must be in a field of science or
learning; and
(3) The advanced knowledge must be customarily acquired by a
prolonged course of specialized intellectual instruction.
(b) The phrase ``work requiring advanced knowledge'' means work
which is predominantly intellectual in character, and which includes
work requiring the consistent exercise of discretion and judgment, as
distinguished from performance of routine mental, manual, mechanical or
physical work. An employee who performs work requiring advanced
knowledge generally uses the advanced knowledge to analyze, interpret
or make deductions from varying facts or circumstances. Advanced
knowledge cannot be attained at the high school level.
(c) The phrase ``field of science or learning'' includes the
traditional professions of law, medicine, theology, accounting,
actuarial computation, engineering, architecture, teaching, various
types of physical, chemical and biological sciences, pharmacy and other
similar occupations that have a recognized professional status as
distinguished from the mechanical arts or skilled trades where in some
instances the knowledge is of a fairly advanced type, but is not in a
field of science or learning.
(d) The phrase ``customarily acquired by a prolonged course of
specialized intellectual instruction'' restricts the exemption to
professions where specialized academic training is a standard
prerequisite for entrance into the profession. The best prima facie
evidence that an employee meets this requirement is possession of the
appropriate academic degree. However, the word ``customarily'' means
that the exemption is also available to employees in such professions
who have substantially the same knowledge level and perform
substantially the same work as the degreed employees, but who attained
the advanced knowledge through a combination of work experience and
intellectual instruction. Thus, for example, the learned professional
exemption is available to the occasional lawyer who has not gone to law
school, or the occasional chemist who is not the possessor of a degree
in chemistry. However, the learned professional exemption is not
available for occupations that customarily may be performed with only
the general knowledge acquired by an academic degree in any field, with
knowledge acquired through an apprenticeship, or with training in the
performance of routine mental, manual, mechanical or physical
processes. The learned professional exemption also does not apply to
occupations in which most employees have acquired their skill by
experience rather than by advanced specialized intellectual
instruction.
(e) (1) Registered or certified medical technologists. Registered
or certified medical technologists who have successfully completed
three academic years of pre-professional study in an accredited college
or university plus a fourth year of professional course work in a
school of medical technology approved by the Council of Medical
Education of the American Medical Association generally meet the duties
requirements for the learned professional exemption.
(2) Nurses. Registered nurses who are registered by the appropriate
State examining board generally meet the duties requirements for the
learned professional exemption. Licensed practical nurses and other
similar health care employees, however, generally do not qualify as
exempt learned professionals because possession of a specialized
advanced academic degree is not a standard prerequisite for entry into
such occupations.
(3) Dental hygienists. Dental hygienists who have successfully
completed four academic years of pre-professional and professional
study in an accredited college or university approved by the Commission
on Accreditation of Dental and Dental Auxiliary Educational Programs of
the American Dental Association generally meet the duties requirements
for the learned professional exemption.
(4) Physician assistants. Physician assistants who have
successfully completed four academic years of pre-professional and
professional study, including graduation from a physician assistant
program accredited by the Accreditation Review Commission on Education
for the Physician Assistant, and who are certified by the National
Commission on Certification of Physician Assistants generally meet the
duties requirements for the learned professional exemption.
(5) Accountants. Certified public accountants generally meet the
duties requirements for the learned professional exemption. In
addition, many other accountants who are not certified public
accountants but perform similar job duties may qualify as exempt
learned professionals. However, accounting clerks, bookkeepers and
other employees who normally perform a great deal of routine work
generally will not qualify as exempt professionals.
(6) Chefs. Chefs, such as executive chefs and sous chefs, who have
attained a four-year specialized academic degree in a culinary arts
program, generally meet the duties requirements for the learned
professional exemption. The learned professional exemption is not
available to cooks who perform predominantly routine mental, manual,
mechanical or physical work.
(7) Paralegals. Paralegals and legal assistants generally do not
qualify as exempt learned professionals because an advanced specialized
academic degree is not a standard prerequisite for entry into the
field. Although many paralegals possess general four-year advanced
degrees, most specialized paralegal programs are two-year associate
degree programs from a community college or equivalent institution.
However, the learned professional exemption is available for paralegals
who possess advanced specialized degrees in other professional fields
and apply advanced knowledge in that field in the performance of their
duties. For example, if a law firm hires an engineer as a paralegal to
provide expert advice on product liability cases or to assist on patent
matters, that engineer would qualify for exemption.
(8) Athletic trainers. Athletic trainers who have successfully
completed four academic years of pre-professional and professional
study in a specialized curriculum accredited by the Commission on
Accreditation of Allied Health Education Programs and who are certified
by the Board of Certification of the National Athletic Trainers
Association Board of Certification generally meet the duties
requirements for the learned professional exemption.
(9) Funeral directors or embalmers. Licensed funeral directors and
embalmers who are licensed by and working in a state that requires
successful completion of four academic years of pre-professional and
professional study, including graduation from a college of mortuary
science accredited by the American Board of Funeral Service Education,
generally meet the duties requirements for the learned professional
exemption.
(f) The areas in which the professional exemption may be available
are expanding. As knowledge is developed, academic training is
broadened and specialized degrees are offered in new and diverse
fields, thus creating new specialists in particular fields of science
or learning. When an advanced specialized degree has become a standard
requirement for a particular occupation, that occupation may have
acquired the characteristics of a learned profession. Accrediting and
certifying organizations similar to those listed in paragraphs (e)(1),
(e)(3), (e)(4), (e)(8) and (e)(9) of this section also may be created
in the future. Such organizations may develop similar specialized
curriculums and certification programs which, if a standard requirement
for a particular occupation, may indicate that the occupation has
acquired the characteristics of a learned profession.
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