The Professional (Learned) Exemption Under FLSA

Professional Exemption Requirements

The learned professional exemption under 29 CFR § 541.300 requires ALL of the following:

1. Salary Basis

Paid on a salary basis at not less than $684 per week ($35,568 annually, as of January 2025).

2. Advanced Knowledge

The primary duty must be the performance of work requiring advanced knowledge. This means work that is predominantly intellectual in character and requires the consistent exercise of discretion and judgment.

3. Field of Science or Learning

The advanced knowledge must be in a field of science or learning. Recognized fields include:

• Law
• Medicine
• Theology
• Accounting
• Actuarial computation
• Engineering
• Architecture
• Teaching
• Various types of physical, chemical, and biological sciences
• Pharmacy

4. Prolonged Specialized Instruction

The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. This typically means a four-year college degree or equivalent in the specific field, though the DOL focuses on the knowledge required, not the specific credential.

Who Typically Qualifies

• Licensed attorneys practicing law
• Physicians, dentists, and other medical professionals
• Registered nurses (RNs) with nursing degrees
• Certified public accountants
• Licensed engineers and architects
• Pharmacists
• Teachers in accredited educational institutions

Who Typically Does Not Qualify

• Paralegals and legal assistants (even with specialized training)
• Licensed practical nurses (LPNs) — typically learned on the job
• Accounting clerks or bookkeepers
• Engineering technicians without engineering degrees
• Medical assistants and dental hygienists (in most cases)

The "Customarily Acquired" Standard

The exemption looks at whether the knowledge is customarily acquired through specialized instruction, not whether a particular employee actually has the degree. However, if the position genuinely requires that level of knowledge and the employee possesses it through equivalent experience, the exemption may still apply.

The key question is whether the work itself demands the kind of knowledge that normally comes from an advanced educational program in the field.