Department of Labor and Industry

Professional Employees

Professional Employees

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: