New overtime regulations: Who is exempt and who is not?
Issue: To comply with the final FLSA regulations on white-collar exemptions, which become effective on August 23, 2004, you are reevaluating each of the jobs in your organization. Classification of some positions is proving tricky. Do the final regulations provide guidance on specific occupations?
Answer:    

Yes, the final regulations specifically address several occupations. Here is a summary:

  • Police and fire personnel. Not exempt are police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous material workers and similar employees who perform the regular duties of those jobs.
  • Nurses. Registered nurses generally qualify as exempt professionals unless paid on an hourly basis. Licensed practical nurses do not qualify, because a specialized advanced degree is not a standard prerequisite.
  • Dental hygienists/physician assistants. Dental hygienists and physician assistants who have completed four academic years of advanced study approved by specific accreditation organizations generally are exempt.
  • Paralegals. Most paralegals are not exempt due to limited educational prerequisites. Paralegals who apply advanced specialized knowledge may be exempt.
  • Journalists. Based on case law, media employees are exempt creative professionals when their primary duty is performing on the air, conducting investigative interviews, analyzing or interpreting public events, writing editorials, opinion columns or other commentary, or acting as a narrator or commentator. Journalists who merely collect, organize and record information are not exempt.
  • Chefs. Executive and sous chefs with a four-year culinary arts degree may be exempt learned professionals, depending on what work they actually do. Some chefs may qualify as creative professionals. Cooks who perform routine food preparation are not exempt.
  • Accountants. Certified public accountants generally are exempt. Accounting clerks and bookkeepers are not exempt.
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