C.F.R.
»
Title 29
» CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 541—DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES › Subpart D—Professional Employees
(a) The term “employee employed in a bona fide professional capacity” in section 13(a)(1) of the Act shall mean any employee:
(1) Compensated on a salary or fee basis pursuant to § 541.600 at a rate of not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employers other than the Federal government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities; and
(2) Whose primary duty is the performance of work:
(i) Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction; or
(ii) Requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.
(b) The term “salary basis” is defined at § 541.602; “fee basis” is defined at § 541.605; “board, lodging or other facilities” is defined at § 541.606; and “primary duty” is defined at § 541.700.
[69 FR 22260, Apr. 23, 2004, as amended at 81 FR 32549, May 23, 2016; 84 FR 51306, Sept. 27, 2019; 89 32971, Apr. 26, 2024; 91 FR 27835, May 15, 2026]
Notes of Decisions
Cited in
125
cases (
40 in the last 5 years), 1995–2026 · leading case:
Sethi v. Narod, 974 F. Supp. 2d 162 (E.D.N.Y 2013).
Sethi v. Narod, 974 F. Supp. 2d 162 (E.D.N.Y 2013).
· cites it 4× “See 29 C.F.R. § 541.300 (a)(1). In addition, to be exempt as a professional employee the regulations require that the employee’s “primary duty is the performance of work: (i) Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a…”
Pignataro v. Port Auth. of New York & New Jersey, 593 F.3d 265 (3rd Cir. 2010).
· cites it 2× “” 29 C.F.R. § 541.300 . The learned professional exemption is available for professions where, in the “vast majority of cases,” the employee is required to have “specific academic training.”
Moody v. Royal Wolf Lodge, 339 P.3d 636 (Alaska 2014).
· cites it 7× “Instead, trial courts should look to 29 C.F.R. §§ 541.300 and .301 in making this determination.”
Nancy Williams v. GENEX Servs., LLC, 809 F.3d 103 (4th Cir. 2015).
· cites it 2× “, as any employee who is “[cjompensated on a salary or fee basis at a rate of not less than $455 per week,” 29 C.F.R. § 541.300 (a)(1), and whose “primary duty is the performance of work,” id.”
Padilla v. Sheldon Rabin, M.D., P.C., 176 F. Supp. 3d 290 (E.D.N.Y 2016).
· cites it 3× “”), at 13 (quoting 29 C.F.R. § 541.300 (a)(2)). Defendants contend that plaintiff meets the salary requirement because payroll records reflect that [plaintiff] was paid a minimum of 40 hours per week (or 80 hours every bi-weekly pay period), at a rate of $35.”
Powell v. Am. Red Cross, 518 F. Supp. 2d 24 (D.D.C. 2007).
· cites it 3× “” 29 C.F.R. § 541.300 (a). To prove that the exemption applies, the employer must show that the position in question satisfies both the salary and the primary duty tests.”
Fermin v. Las Delicias Peruanas Restaurant, Inc., 93 F. Supp. 3d 19 (E.D.N.Y 2015).
“§ 213 (a)(1) and explaining that the provisions of Section 206 do not apply to bona fide executive, administrative or professional employees or to employees working in the capacity of outside salesman); see 29 C.”
Hendricks v. J.P. Morgan Chase Bank, N.A., 677 F. Supp. 2d 544 (D. Conn. 2009).
· cites it 4× “exclusive of board, lodging, or other facilities,” 29 C.F.R. § 541.300 (a)(1); and (2) “[w]hose primary duty is the performance of work .”
Pye v. Oil States Energy Servs., LLC, 233 F. Supp. 3d 541 (W.D. Tex. 2017).
· cites it 2× “100 (a), 153 and the professional exemption, under 29 C.F.R. § 541.300 (a). 154 Defendant presents no responsive argument or evidence to contravene plaintiffs *563 motion for partial summary judgment regarding either the executive or professional exemptions.”
Zubair v. EnTech Eng'g P.C., 808 F. Supp. 2d 592 (S.D.N.Y. 2011).
· cites it 3× “Here, Defendants contend that Zubair, as an engineer, is an employee who falls under either the “learned professional exemption” pursuant to 29 C.F.R. § 541.300 or the “highly compensated employee exemption” pursuant to 29 C.”
— 29 C.F.R. § 541.300(a)(1) — 1 case
— 29 C.F.R. § 541.300(a)(2) — 1 case
Moody v. Royal Wolf Lodge, 339 P.3d 636 (Alaska 2014).
“Instead, trial courts should look to 29 C.F.R. §§ 541.300 and .301 in making this determination.”
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