Professional Exemption?
Kymm
140 Posts
I know this may sound dumb, but will put it out there anyway... :-) We are a chemical recycling company and have chemists in our lab as well as chemists that do "lab packs" at customer sites. These positions (different levels) require either 2 yr degree or 4 yr degree (in a science field). Would you consider them still "blue collar" (where they would get OT regardless of education) or should they be considered exempt with no overtime?
Comments
The 2nd test then is the written description based on task required, while performing work of substancial importance or performing work requiring a high level of skill or training. If your task list are 80% physical activity then these task must be of substantial importance.
"Substantial Importance" is not defined and will most likely be areas of litegation, so if your company is going to make a change from O/T received to NO O/T, I would insure my company has a clear understanding of what these words mean to your company.
Hope this helps.
PORK
Here is the link to the Federal Register:
[url]http://www.access.gpo.gov/su_docs/fedreg/a040423c.html#Wage and Hour Division[/url]
§ 541.301 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;
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.
(2) The advanced knowledge must be in a field of science or learning; and
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.
(3) The advanced knowledge must be customarily acquired by a prolonged course of
specialized intellectual instruction.
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.