Effective May 14, 2010, the Department adopted Title 29, Part 541.300 (Subpart D – Professional Employees) of the Code of Federal Regulations. An employee employed in a bona fide professional capacity shall mean any employee meeting the following criteria:
- (1) Compensated on a salary or fee basis at a rate of not less than $455 per week..., 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.
For further reference and guidance, the following are the applicable rules and regulations: