Professional Employees

Because you responded that the employee possesses a valid license permitting the practice of law and that the employee is actually engaged in the practice of law, the employee appears to meet the duties tests to be considered exempt as a professional employee engaged in the practice of law. The compensation requirements do not apply to employees who are licensed to practice law and who are actually engaged in the practice of law. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).

If you have further questions about your situation, you may want to review Fact Sheet 17D: Exemption for Professional Employees Under the FLSA or contact your local Wage and Hour Division office.

FLSA Overtime Security Advisor Main Menu | Wage and Hour Division