*Note: The Department of Labor revised the regulations located at 29 C.F.R. part 541 with an effective date of January 1, 2020. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. The final rule is available at: https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and.
They also stay professional under pressure. For instance, imagine a customer service employee who's faced with an irate customer. Instead of getting upset or angry in return, the employee exhibits true professionalism by maintaining a calm, businesslike demeanor, and by doing everything that she can to make the situation right. Professional training opportunities are available from a number of departments on campus, through the University system, from third-party partners, and from external providers. These opportunities encompass a variety of media, including instructor-led courses, workshops, conferences, webinars, videos, and articles.
(Revised September 2019) (PDF)
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.
All employees are encouraged to use the employee access to visit and learn about these changes. Learning and Development Intranet. Learning & Development (L&D) provides professional supervisory, leadership, and performance improvement training for state of alaska employees. Use Employee Access to login and view the pages. Employee Training Manager Professional By Smart Company Software Free to try Download.com has removed the direct-download link and offers this page for informational purposes only. Why You Need To Invest In Employee Training. When things get financially tight in business, often employee training is the first thing to go. However, this is not necessarily a sound strategic move for a leading organization forging the way in a competitive industry.
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684* per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.
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.
Learned Professional Exemption
To qualify for the learned professional employee exemption, all of the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684* per week;
- The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
- The advanced knowledge must be in a field of science or learning; and
The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Primary Duty
“Primary duty” means the principal, main, major or most important duty that the employee performs. Determination of an employee’s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole.
Work Requiring Advanced Knowledge
“Work requiring advanced knowledge” means work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. Professional work is therefore distinguished from work involving routine mental, manual, mechanical or physical work. A professional employee generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. Advanced knowledge cannot be attained at the high school level.
Field of Science or Learning
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.
Customarily Acquired by a Prolonged Course of Specialized Intellectual Instruction
The learned professional exemption is restricted to professions where specialized academic training is a standard prerequisite for entrance into the profession. The best evidence of meeting this requirement is having the appropriate academic degree. However, the word “customarily” means the exemption may be available to employees in such professions who have substantially the same knowledge level and perform substantially the same work as the degreed employees, but who attained the advanced knowledge through a combination of work experience and intellectual instruction. This exemption does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction.
Creative Professional Exemption
To qualify for the creative professional employee exemption, all of the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684* per week; and
- The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.
Invention, Imagination, Originality or Talent
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.
Recognized Field of Artistic or Creative Endeavor
This includes such fields as, for example, music, writing, acting and the graphic arts.
Teachers
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.
Practice of Law or Medicine
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
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.
Where to Obtain Additional Information
For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
When state law differs from the federal FLSA, an employer must comply with the standard most protective to employees. Links to your state labor department can be found at www.dol.gov/agencies/whd/contact/local-offices.
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.
Most employers recognize providing professional development opportunities is a benefit many employees expect. In fact, a 2013 survey of 4,000 randomly selected members of the Society for found 88 percent of organizations offer professional development opportunities as a benefit for employees.
However, many workers aren’t satisfied. A 2014 TINYhr survey of more than 200,000 employees around the world found 66 percent of employees feel their current employer doesn’t provide enough opportunities for growth or professional development.
Perhaps a lack of funding is the reason. If that’s the case, here are 50 of the best (and free) professional development resources for employees:
1. Career development.
Employees are always looking for ways to shape their skills, experience and the future of their career. Provide them with classes that enable them to develop the professional skills they need to advance their careers within the workplace so they don't go looking for jobs elsewhere.
Here’s a roundup of the best (and free) career development courses:
Land That Promotion, Muse University
Successful Negotiation: Essential Strategies and Skills, Coursera
LinkedIn Learning Webinars, LinkedIn
Beyond the To Do List, iTunes
Hack Your Work Life, Muse University
The Seven Secrets of Authenticity, Udemy
Personal Branding: How to Build and Manage Your Image, Accredible
Marketing Yourself for Career Success, Udemy
The Seven Essential Steps to Getting Your Dream Career, Udemy
Professional Presence, Kaplan University
Related: Pump Up Your Team by Encouraging Employees to Visualize Their Success
2. Communications development.
Strong skills are a necessity in the workplace. A 2014 CareerBuilder survey of about 2,100 hiring managers found 56 percent of respondents desire candidates who are effective communicators.
Here’s a roundup of the best (and free) communications development courses:
8 Steps to Discovering and Creating Content Your Audience Will Love, Online Marketing Institute
Introduction to Public Speaking, edX
The Lede Podcast, Copyblogger
Technical Writing, New Jersey Institute of
Professional, Technical Writing, Purdue University
Writing for the Web, Class Central
Communication for Managers, Massachusetts Institute for Technology
Proposal Writing, New Jersey Institute of Technology
Corporate Communication, Saylor Academy
Being an Effective Presenter, Udemy
Related: How to Hack Your Team's Productivity
3. Technology skills development.
Technology is taking over the workforce, and employees need to be able to edit website code or effectively use Microsoft Excel. In an analysis of more than 100 million job postings by Burning Glass in 2014, it was discovered that 80 percent of middle-skill jobs require candidates to possess strong digital skills.
Here’s a roundup of the best (and free) technology skills development courses:
Google’s Python Class, Google
Javascript, Code School
Codecademy, Codecademy
Getting Started with Google Analytics, Udemy
Intensive Introduction to Computer Science, Harvard Open Courses
Microsoft Virtual Academy, Microsoft
Introduction to Cyber Security, FutureLearn
Excel Easy, Excel Easy
Introduction to Web Development: HTML, Udemy
Strategic Information Technology, Saylor Academy
Related: Ban Dull Meetings at Your Workplace
4. Leadership development.
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Regardless of whether an employee is ready for a management position, employers need to shape every employee into a leader. In fact, Deloitte’s 2015 Millennial survey of more than 7,800 from around the world found 60 percent of respondents hope to reach a senior leadership position with their current employer.
Here’s a roundup of the best (and free) leadership development courses:
Introduction to Project Management Principles and Practices, Coursera
A Dose of Leadership, iTunes
Fundamentals of Management, Coursera
Introduction to Management, Kaplan University
What Great Bosses Know, iTunes
Managing People Who Hate Managing, American Marketing Association
Being Boss, iTunes
The Enterprise Shed: Making Ideas Happen, FutureLearn
Fundamentals of Corporate Management, Alison
Strategic Management, Open2Study
Employee Training Manager Professional Crack Free
Related: 5 Standout Ways to Transform Underperformers Into Superb Employees
5. Analytical skills development.
Employers desire employees who are creative and innovative thinkers. A 2013 online survey of 318 employers by Hart Research Associates found 93 percent of respondents think the ability to think critically is more important asset than the candidate’s undergraduate major.
Here’s a roundup of the best (and free) analytical skills development courses:
Big Data: Measuring and Predicting Human Behavior, FutureLearn
Big Data for Better Performance, Open2Study
Business Statistics, Saylor Academy
Foundations of Business Strategy, Udemy
The Analytics Edge, edX
Fundamentals of Accounting, Alison
Sets, Counting, and Probability, Harvard Open Courses
Effective Problem-Solving and Decision-Making, Coursera
Making Sense of News, edX
Introducing Corporate Finance, OpenLearn
What are your favorite free resources for professional development? Tell us in the comments below.
Related: 5 Easy Ways to Keep Top Performers Happy