Reference Source

Practice of law or medicine

For Practice of law or medicine, cfr section is § 541.304; duties test is (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; salary or compensation requirement is subpart G (salary requirements) of this part do not apply to the employees described in this section; cfr citation is 29 CFR Part 541, recorded from its source on 2026-08-19; source re-checked 2026-09-16.

Exemption category
Practice of law or medicine verified
CFR section
§ 541.304 verified
Duties test
(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. verified
Salary or compensation requirement
subpart G (salary requirements) of this part do not apply to the employees described in this section. verified
CFR citation
29 CFR Part 541 our reading
Sourceecfr.gov
Verified
Review by
DatasetFLSA overtime exemption duties tests by category (29 CFR Part 541)

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

§ 541.304 Practice of law or medicine. (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 <https://www.ecfr.gov/current/title-29/section-541.300> § 541.300 and subpart G (salary requirements) of this part do not apply to the employees described in this section.

ecfr.gov, retrieved 2026-08-19

Source

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