Professional Dmx

[Rozella Dibley]

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This fact sheet provides information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. Part 541, as applied to professional employees.

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

The specific requirements for exemption as a bona fide professional employee are summarized below. There are two general types of exempt professional employees: learned professionals and creative professionals.

See other fact sheets in this series for more information on the exemptions for executive, administrative, computer and outside sales employees, and for more information on the salary basis requirement.

Fields of science or learning include law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status and are distinguishable from the mechanical arts or skilled trades where the knowledge could be of a fairly advanced type, but is not in a field of science or learning.

This requirement distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. Exemption as a creative professional depends on the extent of the invention, imagination, originality or talent exercised by the employee. Whether the exemption applies, therefore, must be determined on a case-by-case basis. The requirements are generally met by actors, musicians, composers, soloists, certain painters, writers, cartoonists, essayists, novelists, and others as set forth in the regulations. Journalists may satisfy the duties requirements for the creative professional exemption if their primary duty is work requiring invention, imagination, originality or talent. Journalists are not exempt creative professionals if they only collect, organize and record information that is routine or already public, or if they do not contribute a unique interpretation or analysis to a news product.

Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment. Exempt teachers include, but are not limited to, regular academic teachers; kindergarten or nursery school teachers; teachers of gifted or disabled children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft flight instructors; home economics teachers; and vocal or instrument music teachers. The salary and salary basis requirements do not apply to bona fide teachers. Having a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge includes, by its very nature, exercising discretion and judgment.

An employee holding a valid license or certificate permitting the practice of law or medicine is exempt if the employee is actually engaged in such a practice. An employee who holds the requisite academic degree for the general practice of medicine is also exempt if he or she is engaged in an internship or resident program for the profession. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine.

Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which must include at least $684* per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

A professional is a member of a profession or any person who works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the particular knowledge and skills necessary to perform their specific role within that profession. In addition, most professionals are subject to strict codes of conduct, enshrining rigorous ethical and moral obligations.[1] Professional standards of practice and ethics for a particular field are typically agreed upon and maintained through widely recognized professional associations, such as the IEEE.[2] Some definitions of "professional" limit this term to those professions that serve some important aspect of public interest[3] and the general good of society.[4][5]

In some cultures, the term is used as shorthand to describe a particular social stratum of well-educated workers who enjoy considerable work autonomy and who are commonly engaged in creative and intellectually challenging work.[6][7][8][9]

In narrow usage, not all expertise is considered a profession. Occupations such as skilled construction and maintenance work are more generally thought of as trades or crafts. The completion of an apprenticeship is generally associated with skilled labour, or trades such as carpenter, electrician, mason, painter, plumber and other similar occupations.

In his study The Rise of Professional Society historian Harold Perkin characterizes professional society; "Where pre-industrial society was based on passive property in land and industrial society on actively managed capital, professional society is based on human capital created by education and enhanced by strategies of closure, that is, the exclusion of the unqualified." Specifically, it is the management of human capital, and not just specialized skill which Perkin argues is a mark of the professional classes, at one point going so far as to compare it to a modern form of feudalism.[10]

Although professional training appears to be ideologically neutral, it may be biased towards those with higher class backgrounds and a formal education. In his 2000 book, Disciplined Minds: A Critical Look at Salaried Professionals and the Soul-Battering System that Shapes Their Lives, Jeff Schmidt observes that qualified professionals are less creative and diverse in their opinions and habits than non-professionals, which he attributes to the subtle indoctrination and filtering which accompanies the process of professional training. His evidence is both qualitative and quantitative, including professional examinations, industry statistics and personal accounts of trainees and professionals.[11]

A key theoretical dispute arises from the observation that established professions (e.g. lawyers, medical doctors, accountants, architects, civil engineers, surveyors) are subject to strict codes of conduct.[12] Some have thus argued that these codes of conduct, agreed upon and maintained through widely recognized professional associations, are a key element of what constitutes any profession.[13] Others have argued that strict codes of conduct and the professional associations that maintain them are merely a consequence of 'successful' professionalization, rather than an intrinsic element of the definition of professional (ism); this implies that a profession arises from the alignment between a shared purpose (connected to a 'greater good'), a body of knowledge, actual behavior in terms of actions and decisions, and expectations held by societal stakeholders.[14]

The etymology and historical meaning of the term professional is from Middle English, from profes, adjective, having professed one's vows, from Anglo-French, from Late Latin professus, from Latin, past participle of profitēri to profess, confess, from pro- before + fatēri to acknowledge; in other senses, from Latin professus, past participle. Thus, as people became more and more specialized in their trade, they began to 'profess' their skill to others, and 'vow' to perform their trade to the highest known standard. With a reputation to uphold, trusted workers of a society who have a specific trade are considered professionals. Ironically, the usage of the word 'profess' declined from the late 1800s to the 1950s, just as the term 'professional' was gaining popularity from 1900 to 2010.[15][16] Notably, in American English the rise in popularity of the term 'professional' started at the beginning of the 20th century[17] whereas in British English it started in the 1930s and grew fastest in the 1960s and 1970s.[18]

"The American Medical Association (AMA) was established as a permanent national organization at Philadelphia in 1847 at a convention attended by some 230 delegates representing more than forty medical societies and twenty-eight schools. From its inception, one of its primary aims was the upgrading of medical education and a concomitant reduction in the number of physicians. Its committee on raising medical standards reported at its first meeting that "the large number of Medical Colleges throughout the country, and the facility with which the degree is obtained, have exerted a most pernicious influence" on the profession. With the object of ameliorating this situation, recommendations were carried calling for a specified minimum preliminary education as a prerequisite for admission to a medical college, a lengthening of the period of study for graduation from a medical school, including compulsory clinical instruction at a hospital prior to the issuance of a diploma, and professional participation in some licensing scheme for physicians. Indeed, so important was the issue of education considered by the AMA that one of its first acts was the establishment of a Committee on Medical Education..."

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