To be considered a professional employee, an individual’s job duties require the application of advanced specialized learning or credentials.  Typically, but not necessarily, a professionally exempt employee will hold a specialized academic degree in the field in which they’re working.

Professionally-exempt job duties imply that the employee exercises a great deal of judgment and discretion in performing the work for their particular job.  The Department of Labor identifies the following categories of employees as examples of individuals falling within the professional exemption:  Registered or certified medical technologists, registered nurses or RNs, dental hygienists, physician assistants, CPAs, chefs with the right culinary training, lawyers, driving instructors, scuba instructors and athletic training.

The Department of Labor also provides a list of individuals that generally do not fall within the professional exemption by contrast.  Examples of these individuals would be cooks or non-degreed chefs, LPNs or licensed practical nurses, bookkeepers, paralegals or legal assistants, trainees and hourly-paid accountants.  Remember that exemptions are done on a case-by-case basis.