Are you a “Professional” employee?

To be exempt from overtime pay under the exemption for “professional” employees:

  • the employees must be either licensed and “primarily engaged” in an enumerated profession, or
  • “primarily engaged in an occupation commonly recognized as a learned or artistic profession.”

Generally, this includes law, medicine, dentistry, optometry, architecture, engineering, teaching or accounting. Again, there are many exceptions. If you have any questions as to whether you qualify as a professional employee for purposes of wage and hour law, contact us. This is a complicated area of law. It involves the following components: