As jobs have become more specialized and employees are required to be experts in their field, more employees may appear to be "professionals."  But, are these employees "professionals" for the purposes of the Fair Labor Standards Act (FLSA) and therfore exempt from the Act's overtime requirements?  As often is the case with the FLSA, the Answer is "it depends."

Being considered an "expert" is not enough to meet the professional exemption under the FLSA.  Part II of this article explores what the courts have said about the "learned profession" exemption and how "creative professionals" are covered.

The Fair Labor Standards Act (FLSA) is the federal law of the broadest application governing minimum wage, overtime pay, and youth employment.  The U.S. Department of Labor Wage and Hour Division enforces the FLSA.