Professional Employees

Effective May 14, 2010, the Department adopted Title 29, Part 541.300 (Subpart D – Professional Employees) of the Code of Federal Regulations that were in effect as of July 1, 2009.  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, click here for the applicable rules and regulations.

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