OVERTIME WAGES

Professional Exemption

The FLSA exempts certain salaried employees from its overtime wage requirements, including certain "professional" employees.

To qualify for the professional employee exemption, all of 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 $455 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.

Return to Overtime Wages Page

Helpful Links

U.S. Department of Labor



If you would like to speak directly with attorney D. Scott Gordon to discuss your employment or disability related concerns, call 440-6557 to schedule an appointment for an initial consultation.

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  • You will receive practical advice and counsel from an attorney that has over 15 years of experience in the daily practice of employment law.


Richmond Overtime Lawyer