Sec. 541.300 General rule for professional employees.
 
 (a) The term ``employee employed in a bona fide professional 
capacity'' in section 13(a)(1) of the Act shall mean any employee:
 (1) Compensated on a salary or fee basis at a rate of not less than 
$455 per week (or $380 per week, if employed in American Samoa by 
employers other than the Federal Government), exclusive of board, 
lodging, or other facilities; and
 (2) Whose primary duty is the performance of work:
 (i) Requiring knowledge of an advanced type in a field of science 
or learning customarily acquired by a prolonged course of specialized 
intellectual instruction; or
 (ii) Requiring invention, imagination, originality or talent in a 
recognized field of artistic or creative endeavor.
 (b) The term ``salary basis'' is defined at Sec. 541.602; ``fee 
basis'' is defined at Sec. 541.605; ``board, lodging or other 
facilities'' is defined at Sec. 541.606; and ``primary duty'' is 
defined at Sec. 541.700.
 
 
Sec. 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;
 (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.
 
 
Sec. 541.302 Creative professionals.
 
 (a) To qualify for the creative professional exemption, an 
employee's primary duty must be the performance of work requiring 
invention, imagination, originality or talent in a recognized field of 
artistic or creative endeavor as opposed to routine mental, manual, 
mechanical or physical work. The exemption does not apply to work which 
can be produced by a person with general manual or intellectual ability 
and training.
 (b) To qualify for exemption as a creative professional, the work 
performed must be ``in a recognized field of artistic or creative 
endeavor.'' This includes such fields as music, writing, acting and the 
graphic arts.
 (c) The requirement of ``invention, imagination, originality or 
talent'' distinguishes the creative professions from work that 
primarily depends on intelligence, diligence and accuracy. The duties 
of employees vary widely, and exemption as a creative professional 
depends on the extent of the invention, imagination, originality or 
talent exercised by the employee. Determination of exempt creative 
professional status, therefore, must be made on a case-by-case basis. 
This requirement generally is met by actors, musicians, composers, 
conductors, and soloists; painters who at most are given the subject 
matter of their painting; cartoonists who are merely told the title or 
underlying concept of a cartoon and must rely on their own creative 
ability to express the concept; essayists, novelists, short-story 
writers and screen-play writers who choose their own subjects and hand 
in a finished piece of work to their employers (the majority of such 
persons are, of course, not employees but self-employed); and persons 
holding the more responsible writing positions in advertising agencies. 
This requirement generally is not met by a person who is employed as a 
copyist, as an ``animator'' of motion-picture cartoons, or as a 
retoucher of photographs, since such work is not properly described as 
creative in character.
 (d) Journalists may satisfy the duties requirements for the 
creative professional exemption if their primary duty is work requiring 
invention, imagination, originality or talent, as opposed to work which 
depends primarily on intelligence, diligence and accuracy. Employees of 
newspapers, magazines, television and other media are not exempt 
creative professionals if they only collect, organize and record 
information that is routine or already public, or if they do not 
contribute a unique interpretation or analysis to a news product. Thus, 
for example, newspaper reporters who merely rewrite press releases or 
who write standard recounts of public information by gathering facts on 
routine community events are not exempt creative professionals. 
Reporters also do not qualify as exempt creative professionals if their 
work product is subject to substantial control by the employer. 
However, journalists may qualify as exempt creative professionals if 
their primary duty is performing on the air in radio, television or 
other electronic media; conducting investigative interviews; analyzing 
or interpreting public events; writing editorials, opinion columns or 
other commentary; or acting as a narrator or commentator.
 

Note: The preceding information is only part of the federal overtime regulation. The reader is advised to read the entire regulation prior to making any decisions regarding overtime pay exemptions. The complete regulation can be found at: www.ibamember.com/fedovertime