Professional Offices

Professional Offices Under the Fair Labor Standards Act (FLSA)

This section contains information to assist in determining how the Fair Labor Standards Act (FLSA) applies to Professional Offices, e.g., doctors, lawyers, accountants, etc.


Professional offices provide services to their customers, clients, patients which may or may not involve the sale of “goods” or “products.” Many such offices are small, with few employees, and are local in nature. Others may be part of a larger enterprise with more than one office or establishment.


Employees who are covered by the FLSA are entitled to be paid at least the Federal minimum wage as well as time and one-half the regular rate of pay for all hours worked over 40 in a workweek. (This may not apply to certain executive, administrative, and professional employees including computer professionals and outside sales).

Typical Problems

(1) Paying non-exempt employees a salary and not paying time and one-half for hours over 40 a week, (2) not paying employees for all hours they work, e.g., reporting early or working through lunch break or staying late without being paid for such extra time, (3) not paying for the time employees spend performing work at home or not including such hours for overtime purposes.