Legal Question in Employment Law in Pennsylvania

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, the Fair Labor Standards Act (�FLSA�) defines criteria as to when employees are due overtime (not exempt) and when they are not due overtime (not exempt). There is a professional exemption. To qualify under the professional exemption, one must be a salaried employee. Further, as in your case, one must also be a �learned professional.� To be considered a learned professional, an employee must perform work requiring knowledge of an advanced type; the advanced knowledge must be in a field of science and learning; and the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. The employee�s primary duty must include the consistent exercise of discretion and judgment.

Further, while many nurses do not qualify for the exemption even though they may be considered learned professionals. As a nurse anesthetist, assuming you are certified, may make you a �learned professional� and therefore exempt from receiving overtime.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

Robert H. Graff

The Ezold Law Firm, P.C.

One Belmont Avenue,

Suite 501

Bala Cynwyd, PA 19004

(610) 660-5585

[email protected]

www.ezoldlaw.com