Professional Employees

Because you responded that the employee does not possess a valid license permitting the practice of law, and that the employee is not actually engaged in the practice of law, the employee does not appear to meet the duties tests to be considered exempt as a professional employee 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. You may want to return to the Main Menu to see if the employee meets the requirements for exemption under another category.

FLSA Overtime Security Advisor Main Menu | Wage and Hour Division