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Claim Your Free Copy of Overtime Primer: Highlights from the New Regulations

The federal DOL overtime regulations go into effect this year. Are you ready?

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This report includes a summary of key changes, including the salary level test and salary basis test.

As a bonus, we've included a handy flowchart to help you determine exemption status under the FLSA.

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March 04, 2010
Four Characteristics of Jobs that Fall Under the Professional Exemption

Employment attorney Olivia Goodkin described what constitutes a “Professional” position under the Federal Fair Labor Standards Act during her BLR webinar “Job Descriptions: How to Tackle Tricky Drafting Hurdles to Maximize Compliance and Effectiveness.” She identified four characteristics that must be true for a position to qualify for the exemption:

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  1. 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.
  2. The advanced knowledge must be in a field of science or learning.
  3. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
  4. The employee must be paid on a salary basis at not less than $455 per week.

Olivia Goodkin, Esq. is a partner in the Los Angeles office of Rutter Hobbs & Davidoff where she specializes in liability avoidance and employment-related litigation. She can be reached via email at

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