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View Diary: Temple Tells Nurses: The Constitution Doesn't Apply to You (259 comments)

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  •  The "professional" designation has to do... (8+ / 0-)

    ... with overtime rules, not with unionization per se.

    •  Not exactly (1+ / 0-)
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      The distinction between hourly and salaried (or "exempt") employees is governed by the Fair Labor Standards Act.  Some professionals are paid hourly (like lawyers or RNs), some aren't.  

      Under the National Labor Relations Act, the definition of "professional employee" is:

      (12) The term "professional employee" means--

      (a) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or

      (b) any employee, who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (a), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a).

      So the definition doesn't relate to how you're paid, but to the type of work you do and the qualifications you need to do it.

      "Run, comrade, the old world is behind you!" -- Situationist graffito, 1968

      by Pesto on Thu Apr 01, 2010 at 07:39:59 AM PDT

      [ Parent ]

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