The learned professional exemption covers jobs whose primary duty requires advanced knowledge in a field of science or learning, normally gained through a degree that the profession itself requires, such as law, medicine or engineering. Registered nurses paid on a salary basis can qualify; LPNs generally cannot; and a job that accepts a degree in any field, or only “prefers” one, usually does not meet the test.
This is one of the white-collar exemptions. It is close cousin to the administrative exemption, which is where employers usually go next, and to the executive exemption, which rarely fits a job with no direct reports.
DOL Fact Sheet #17D lists the same elements and adds: “The best evidence of meeting this requirement is having the appropriate academic degree.” The key word is appropriate. The regulation itself frames the duty as work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. 29 C.F.R. § 541.301.
The regulation says “the best prima facie evidence” is “possession of the appropriate academic degree.” 29 C.F.R. § 541.301(d). It then draws a line: the exemption is not available for occupations that “customarily may be performed with only the general knowledge acquired by an academic degree in any field,” and it “does not apply to occupations in which most employees have acquired their skill by experience” rather than advanced academic instruction. Id.
Paralegals show how this works: they “generally do not qualify as exempt learned professionals,” even though many hold “general four-year advanced degrees.” 29 C.F.R. § 541.301(e)(7). The question is whether the job itself requires a particular course of study.
Job postings often answer it. Watch for:
None settles a case alone, but each points away from the exemption.
Registered nurses “who are registered by the appropriate State examining board generally meet the duties requirements” for the learned professional exemption. 29 C.F.R. § 541.301(e)(2). But DOL Fact Sheet #17N is clear that an RN can be classified as exempt only if “compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684 per week.” An RN paid by the hour fails that test however skilled the work. See salary vs. hourly.
Licensed practical nurses are different. DOL states that “Licensed practical nurses and other similar health care employees” “generally do not qualify as exempt learned professionals” and “are entitled to overtime pay.” DOL Fact Sheet #17N; 29 C.F.R. § 541.301(e)(2).
For nurses in utilization review or care coordination, a second question is whether the primary duty actually uses advanced nursing knowledge or mostly applies payer criteria and documents calls.
A licensed clinical social worker with a master’s degree providing therapy is the closest fit. Many “social worker” and “case manager” jobs look nothing like that: the posting accepts a bachelor’s in one of several fields, or experience instead, and the work is intake, template assessments, referrals, home visits and documentation. Under 29 C.F.R. § 541.301(d), those facts look like an occupation performed “with only the general knowledge acquired by an academic degree in any field.”
Employers then often argue the administrative exemption. See our pages on case managers, the administrative exemption and the full list of white-collar exemptions. We also break the analysis down job by job for social workers, child welfare caseworkers, service coordinators and nonprofit case managers. Which state you work in matters too, because a state wage law can sit on top of the federal claim — or, as in Texas, not exist at all.
Only in some cases. Registered nurses “generally meet the duties requirements” of the learned professional exemption, but can be exempt only if paid on a salary or fee basis of at least $684 per week (29 C.F.R. § 541.301(e)(2); DOL Fact Sheet #17N). An RN paid by the hour does not qualify.
Generally no. DOL says licensed practical nurses and similar health care employees “generally do not qualify as exempt learned professionals” and are entitled to overtime pay (DOL Fact Sheet #17N; 29 C.F.R. § 541.301(e)(2)).
No. The exemption is not available for occupations that “customarily may be performed with only the general knowledge acquired by an academic degree in any field” (29 C.F.R. § 541.301(d)). The degree has to be the specific training the profession requires.
A preferred degree is not a required one. The regulation limits the exemption to professions where the right academic training is “a standard prerequisite” for entering the field (29 C.F.R. § 541.301(d)). A job open to people without the degree points away from the exemption.
It depends on the job. A licensed clinical social worker with a master’s degree doing clinical work is the closest fit. Case management jobs that accept a bachelor’s in any of several fields, or experience instead, cut against the exemption.
Told you are a “professional” in a job that does not require a particular degree? Send us the posting and pay records for a free review. Siegel Law Group PLLC represents workers — never employers — in FLSA overtime and wage cases. Two related questions come up in most of these matters: how a case gets certified so a whole team can join it, and how far back an overtime claim reaches.
Jack Siegel has filed federal overtime lawsuits in 25 federal districts across 20 states, as lead counsel on the firm’s cases. He has obtained 50+ class and collective certifications in 19 federal judicial districts across 14 states. The firm has recovered more than $100 million for workers.
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