As all American employees are considered under the Fair Labor Standards Acts, understanding the explicit exemptions to specific portions of the law is an important point to make note of for employees. In particular, overtime exemptions are applied through three major categories in the law, being professional, administrative, and executive exemption standards. Professional exemptions may seem like the least obvious of the three, but this form of overtime exemption is included in many white-collar job descriptions.
There are a few immediate grounds for receiving overtime exemption under the professional exemption category. One of the most direct methods of determining whether or not an employee can receive this status depends on whether or not higher education is required or present in the actual work of an employee. This standard does not evaluate whether or not the employee feels he or she is using the his or her degree, but whether a doctorate or post-graduate education is required for that particular career choice.
Specialized education is something of a subcategory of this determinant for professional exemptions. Needing to understand specialized knowledge of a task or certain device is a rough qualification for the professional overtime exemption, as these individuals generally either carry higher education degrees or have worked in their field long enough to effectively know this information.
The nature of the job in question may be important for those under the professional exemption status. Considering that certain positions do not require free thought in daily tasks, certain positions will not produce professional worker status. This means that a worker such as a scientist working in their field will be considered exempt from overtime, but the technicians working to produce results may not be qualified for this status.
To learn more about exemptions from overtime in white-collar jobs and the various categories for these exemptions, contact an employment lawyer.