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

29 C.F.R. § 541.304

Practice of law or medicine

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(a) The term “employee employed in a bona fide professional capacity” in section 13(a)(1) of the Act also shall mean:

(1) Any employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and is actually engaged in the practice thereof; and

(2) Any employee who is the holder of the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program pursuant to the practice of the profession.

(b) In the case of medicine, the exemption applies to physicians and other practitioners licensed and practicing in the field of medical science and healing or any of the medical specialties practiced by physicians or practitioners. The term “physicians” includes medical doctors including general practitioners and specialists, osteopathic physicians (doctors of osteopathy), podiatrists, dentists (doctors of dental medicine), and optometrists (doctors of optometry or bachelors of science in optometry).

(c) Employees engaged in internship or resident programs, whether or not licensed to practice prior to commencement of the program, qualify as exempt professionals if they enter such internship or resident programs after the earning of the appropriate degree required for the general practice of their profession.

(d) The requirements of § 541.300 and subpart G (salary requirements) of this part do not apply to the employees described in this section.

Notes of Decisions
Cited in 23 cases (6 in the last 5 years), 1991–2025 · leading case: Belt v. EmCare, Inc., 351 F. Supp. 2d 625 (E.D. Tex. 2005).
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Belt v. EmCare, Inc., 351 F. Supp. 2d 625 (E.D. Tex. 2005). · cites it 8× “” 29 C.F.R. § 541.304 (a) (1973). (b) In the case of medicine: (1) The exception applies to physicians and other practitioners licensed and practicing in the field of medical science and healing or any of the medical specialties practiced by physicians or practitioners.”
Cuttic v. Crozer-Chester Med. Ctr., 806 F. Supp. 2d 796 (E.D. Pa. 2011). · cites it 6× “2006) is inappropriate because Plaintiff unambiguously meets the requirements of 29 C.F.R. § 541.304 ; and (4) the Court failed to give all parts of the relevant regulation meaning.”
Cuttic v. Crozer-Chester Med. Ctr., 760 F. Supp. 2d 513 (E.D. Pa. 2011). · cites it 5× “29 C.F.R. § 541.304 (emphasis added). Section 541.”
Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, 620 F. App'x 37 (2d Cir. 2015). · cites it 3× “29 C.F.R. § 541.304 (d) (“The requirements of *41 § 541.”
McNeely v. Metro. Life Ins. Co., 376 F. Supp. 3d 225 (S.D. Ill. 2019). · cites it 2× “29 C.F.R. § 541.304 (a)(1). "In the case of medicine, the exemption applies to physicians," which includes dentists.”
Hymowitz v. Hoang Q. Nguyen, 2022 NY Slip Op 05997 (N.Y. App. Div. 2022). “The court properly granted that branch of the motion which was pursuant to CPLR 3211(a)(7) to dismiss the one hundred thirty-ninth cause of action, seeking damages pursuant to Labor Law § 195, insofar as asserted against Nguyen and the firm, since the complaint failed to allege…”
Anani v. Cvs Rx Servs., Inc., 788 F. Supp. 2d 55 (E.D.N.Y 2011). “1 percent of the Pharmacists who earn $100,000 or more per year continue to be paid by the hour (and eligible for.”
Astor v. United States, 79 Fed. Cl. 303 (Fed. Cl. 2007). “3 (a)(3) (pre-2004) (including school system and institution as the places of employment for FLSA exempt teachers); 29 C.F.R. § 541.304 (b) (pre-2004) (“The ‘primary duty’ of an employee as a teacher must be that of activity in the field of teaching---[E]mployment and engagement…”
Jeff Faludi v. U.S. Shale Solutions, L.L.C., 936 F.3d 215 (5th Cir. 2019). “601 (highly compensated employee exemption); 29 C.F.R. § 541.304 (a)(1) (practice of law exemption).”
Freeman v. Nat'l Broad. Co., Inc., 846 F. Supp. 1109 (S.D.N.Y. 1993). “29 C.F.R. § 541.304 . In addition, activities that are “an essential part of and necessarily incident to the professional work” are considered exempt work.”
Belt v. EmCare, Inc., 444 F.3d 403 (5th Cir. 2006). “See 29 C.F.R. § 541.304 . The DOL noted that it had "received few comments on this provision and does not believe any substantive changes are necessary in light of those comments.”
Henig v. Quinn Emanuel Urquhart & Sullivan, LLP, 151 F. Supp. 3d 460 (S.D.N.Y. 2015). · cites it 3× “, 29 C.F.R. § 541.304 (a)(1). Relying on that exclusion, Defendants moved for summary judgment.”
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— 29 C.F.R. § 541.304(a)(1) — 2 cases
Henig v. Quinn Emanuel Urquhart & Sullivan, LLP, 151 F. Supp. 3d 460 (S.D.N.Y. 2015). “, 29 C.F.R. § 541.304 (a)(1). Relying on that exclusion, Defendants moved for summary judgment.”
Antonia N. Okonkwo v. The Callins Law Firm, LLC, 668 F. App'x 875 (11th Cir. 2016).
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