Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

© 2022 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2022 ed. | 107 • Teachers whose primary duty is “teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge and who [are] employed and engaged in this activity as a teacher in an educational establishment” 587 • Lawyers, scientists, and doctors with valid licenses or certificates permitting them to practice, who are engaged in the practice of law or medicine • Medical interns and residents who hold the requisite academic degree for the general practice of medicine 588 (e) Examples of Employees Who Do Not Qualify for the Learned Professional Exemption The following categories of employees do not qualify for the learned professional exemption: • Electricians • Licensed practical nurses who do not possess a specialized advanced academic degree • Beauticians • Technicians • Paralegals and legal assistants • Cooks who perform predominantly routine mental, manual, mechanical, or physical work • Bookkeepers and accounting clerks who normally perform routine wor k 589 • Most airline pilots 590 • Case managers at drug treatment centers when their position only requires a general academic education 591 587 29 C.F.R. § 541.303(a); DLSOpinion Let ter MW-2004-001 (Dec. 16, 2004). Teachers are not subject to salary basis requirement s. See Sect ion VI.A (Minimum Compensat ion Requirement s). 588 29 C.F.R. § 541.304(a)(2). 589 29 C.F.R. § 541.301. 590 Generally, pilot s do not qualify for the learned professional exempt ion. However, the DOL’sWage and Hour Division recently has taken a posit ion of non-enforcement with regard to pilot s and co-pilot s of airplanes who hold FAA Airline Transport Cert ificates or Commercial Cert ificates, receive compensat ion on a salary or fee basis at a rate of at least $455.00 per week, and fly as business or company pilot s. DOL Wage & Hour Opinion Let ter FLSA2018-3 (Jan. 5, 2018). The DOL’s 2019 Final Rule does not address whether airline pilot s have to meet the updatedminimum salary requirement of $684.00 per week. 591 DLS Opinion Let ter MW-2001-016 (Nov. 19, 2001).