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Dental hygienist: exempt or non exempt for FLSA

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Is a dental hygienist considered an exempt or non exempt employee for the Fair Labor Standards Act?

Ah, if only it were that easy! Unfortunately, according to the US Department of Labor, neither job titles nor job descriptions determine whether a salaried employee is exempt or nonexempt. It depends upon the employees primary duties. So a dental hygienist whose primary duty is managing the dental office might not be a salaried exempt employee. Neither would one who performs dental cleanings but makes few independent decisions.

Under federal law, a number of salaried employees are exempt from minimum wage and overtime provisions. This includes an exemption for certain “Learned Professionals.” Dental hygienists qualify as learned professionals under this rule. So as long as the employee meets ALL of the other qualifications for salaried exempt status, he or she may be exempt from overtime.

To qualify for the learned professional employee exemption, the worker must be paid a salary of at least $455 per week (regardless of hours worked.) The employee’s primary duty must be work that is intellectual in character and requires discretion and judgment. The advanced knowledge must be in a field of science or learning and it must customarily be acquired by a prolonged course of specialized, intellectual instruction.

Here is a link to the US Department of Labor elaws Advisor on this topic: http://www.dol.gov/elaws/esa/flsA/overtime/p1.htm

Dental Hygienists would use the link for those in learned professions other than teacher, doctor or lawyer.