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Code of Federal Regulations Pertaining to ESA |
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Labor |
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Wage and Hour Division, Department of Labor |
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Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees |
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Administrative Employees |
29CFR541.304 - Practice of law or
medicine.
- Section Number: 541.304
- Section Name: Practice of law or medicine.
(a) The term ``employee employed in a bona fide professional
capacity'' in section 13(a)(1) of the Act also shall mean:
(1) Any employee who is the holder of a valid license or
certificate permitting the practice of law or medicine or any of their
branches and is actually engaged in the practice thereof; and
(2) Any employee who is the holder of the requisite academic degree
for the general practice of medicine and is engaged in an internship or
resident program pursuant to the practice of the profession.
(b) In the case of medicine, the exemption applies to physicians
and other practitioners licensed and practicing in the field of medical
science and healing or any of the medical specialties practiced by
physicians or practitioners. The term ``physicians'' includes medical
doctors including general practitioners and specialists, osteopathic
physicians (doctors of osteopathy), podiatrists, dentists (doctors of
dental medicine), and optometrists (doctors of optometry or bachelors
of science in optometry).
(c) Employees engaged in internship or resident programs, whether
or not licensed to practice prior to commencement of the program,
qualify as exempt professionals if they enter such internship or
resident programs after the earning of the appropriate degree required
for the general practice of their profession.
(d) The requirements of Sec. 541.300 and subpart G (salary
requirements) of this part do not apply to the employees described in
this section.
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