U.S. · Employment · FLSA overtime
Learned professional exemption.
Pick an occupation and see what 29 CFR 541.301(e) says about it, then check the three elements and the salary test.
A learned professional is paid at least $684 a week and does work requiring advanced knowledge, in a field of science or learning, customarily acquired through a prolonged course of specialized intellectual instruction. Section 541.301(e) names occupations that generally meet the test (registered nurses, CPAs, physician assistants) and those that generally do not (licensed practical nurses, paralegals, bookkeepers, cooks). A degree helps but is not the only route.
Occupation and pay
What the regulation says
The two requirements
Under 29 CFR 541.300(a), a bona fide professional employee is compensated on a salary or fee basis of at least $684 per week (lower amounts in the U.S. territories and American Samoa), and has a primary duty of work that requires either knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction (the learned professional) or invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. This page is about the first of the two kinds of professional. The salary requirement has exceptions for teachers, practicing lawyers and doctors, and medical interns and residents, who are not subject to the pay test (541.600(e)).
The three elements of the primary duty
Section 541.301(a) breaks the learned professional primary duty into three elements, all of which must be present. First, the work must require advanced knowledge, meaning work that is predominantly intellectual in character and that includes the consistent exercise of discretion and judgment, as distinguished from routine mental, manual, mechanical or physical work. Such an employee generally uses advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances, and the knowledge cannot be attained at the high school level (541.301(b)). Second, the knowledge must be in a field of science or learning, which includes the traditional professions of law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, the physical, chemical and biological sciences, pharmacy and similar occupations with recognized professional status, as distinguished from the mechanical arts and skilled trades (541.301(c)). Third, it must be customarily acquired by a prolonged course of specialized intellectual instruction, which restricts the exemption to professions where specialized academic training is a standard prerequisite (541.301(d)).
Degree versus experience
The best prima facie evidence of the third element is the appropriate academic degree. But "customarily" means the exemption is also available to employees in such professions who have substantially the same knowledge and do substantially the same work as degreed employees, but acquired the knowledge through a combination of work experience and intellectual instruction. The regulation’s examples are the occasional lawyer who did not go to law school and the occasional chemist without a chemistry degree. The exemption is not available for occupations that customarily may be performed with only the general knowledge from an academic degree in any field, from an apprenticeship, or from training in routine mental, manual, mechanical or physical processes, nor where most employees acquired skill by experience (541.301(d)).
Occupations named in the regulation
| Occupation | What 541.301(e) says |
|---|---|
| Registered or certified medical technologists | Generally meet the test with three academic years of pre-professional study plus a fourth year at an approved school of medical technology |
| Registered nurses | Generally meet it if registered by the appropriate State examining board |
| Licensed practical nurses and similar health care employees | Generally do not, because an advanced specialized degree is not a standard prerequisite |
| Dental hygienists | Generally meet it with four academic years at a program approved by the Commission on Dental Accreditation |
| Physician assistants | Generally meet it with four academic years including an ARC-PA accredited program and NCCPA certification |
| Certified public accountants | Generally meet it; many other accountants doing similar work may. Accounting clerks and bookkeepers who do a great deal of routine work generally do not |
| Chefs | Executive and sous chefs with a four-year specialized culinary arts degree generally meet it; cooks doing predominantly routine work do not |
| Paralegals and legal assistants | Generally do not, as most specialized paralegal programs are two-year programs. They can if they hold an advanced degree in another professional field and apply it, such as an engineer on patent matters |
| Athletic trainers | Generally meet it with four academic years in a CAAHEP-accredited curriculum and BOC certification |
| Funeral directors and embalmers | Generally meet it where the State requires four academic years including an accredited college of mortuary science |
The areas where the exemption is available are expanding as academic training broadens and specialized degrees appear. When an advanced specialized degree has become a standard requirement for an occupation, it may have acquired the characteristics of a learned profession (541.301(f)).
Worked example
A hospital hires a registered nurse as a nurse manager at $1,300 per week. She is registered by the State board, exercises clinical judgment on varying cases, and her field is nursing. The three elements and the salary test are met, and 541.301(e)(2) says registered nurses generally meet the duties requirements. The same hospital employs a licensed practical nurse at the same salary. The regulation says LPNs generally do not qualify, so exemption would be unlikely under this test, and overtime would normally be owed.
Limits
The occupation list is a guide: the regulation says "generally" for a reason. Duties decide each case, and a title or degree does not. This tool does not apply the creative professional test, the teacher, lawyer and doctor exceptions in detail, or state law.
Sources
Sources opened and read November 2, 2026.
- eCFR: 29 CFR 541.300 General rule for professional employees (current through October 29, 2026) (read November 2, 2026)
- eCFR: 29 CFR 541.301 Learned professionals (current through October 29, 2026) (read November 2, 2026)
- eCFR: 29 CFR 541.600 Amount of salary required (current through October 29, 2026) (read November 2, 2026)
Frequently asked questions
What is the learned professional exemption?
An FLSA overtime exemption in 29 CFR 541.301 for employees whose primary duty is work requiring advanced knowledge in a field of science or learning, customarily acquired by a prolonged course of specialized intellectual instruction, who are paid at least $684 a week on a salary or fee basis.
Do I need a degree to be a learned professional?
A degree is the best prima facie evidence, but not always required. Employees with substantially the same knowledge and work as degreed colleagues, gained through experience and instruction, can qualify; the occasional lawyer without law school is the regulation’s example (541.301(d)).
Are registered nurses exempt under the learned professional test?
Registered nurses registered by the appropriate State examining board generally meet the duties requirements (541.301(e)(2)). Licensed practical nurses generally do not.
Are paralegals exempt?
Generally not, because an advanced specialized degree is not a standard prerequisite to entry. A paralegal with an advanced degree in another professional field who applies that knowledge, such as an engineer assisting on patent matters, can qualify (541.301(e)(7)).
Are bookkeepers and accounting clerks exempt?
Generally not. CPAs generally meet the test, but accounting clerks, bookkeepers and other employees who normally perform a great deal of routine work generally do not (541.301(e)(5)).
Do teachers, lawyers and doctors have to meet the salary test?
No. The salary requirements do not apply to teachers, to practicing lawyers and doctors, or to medical interns and residents (541.600(e)). The exception does not extend to nurses, pharmacists, therapists and similar professions.
What fields count as a field of science or learning?
The traditional professions such as law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, the physical, chemical and biological sciences and pharmacy, but not the mechanical arts or skilled trades (541.301(c)).
Not legal or compliance advice
This page is general information drawn from the sources listed, not legal, tax or compliance advice, and it is not run by any government agency. Rules, forms and dates change and your agency, base jurisdiction or enforcement officer decides your case, so confirm with the office named on this page before you rely on it. Everything runs in your browser; nothing you enter is sent anywhere.