Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.
The Fair Labor Standards Act (FLSA), is administered by the Wage and Hour Division of the Department of Labor. The FLSA establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. These standards affect more than 130 million workers, both full‑time and part‑time, in the private and public sectors. (29 USC §201 et seq.; 29 CFR Parts 510 to 794).
The FLSA requires that most employees in the United States be paid, at minimum, the Federal minimum wage for all hour worked, and overtime pay at time and one-half the regular rate of pay for all hours worked in excess of forty (40) in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed in a bona fide executive, administrative, professional and outside sales employee capacity. To qualify for these exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 dollars per week.
One much less known example of an exemption to the Federal minimum wage and overtime rules is the, “Learned Professional,” employee exemption. This classification of employees can be seen in numerous industries, but is very prevalent among nurses. To qualify for the, “Learned Professional,” exemption, all of the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the Federal Regulations) at a rate of not less than $455 dollars 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.
When reviewing a position as a nurse under these requirements, a nurse who is paid on an hourly basis should receive the Federal minimum wage and should be provided overtime compensation. However, registered nurses who are registered with the State Board Examining Committee would usually meet the above requirements and be considered a, “Learned Professional,” exempt from overtime pay, if receiving a salary in excess of $455 per week.
If you are an employer and are seeking compliance with the FLSA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: dol.gov
