Radiology Technologists Do Not Qualify for
Professional Exemption
On February 1, 2007, the Department of Labor issued an opinion letter regarding the qualification of radiology technologists (RTs) for exemption under the Fair Labor Standards Act (FLSA) wage and hour laws. The opinion letter states that RTs DO NOT qualify for the professional exemption and therefore must be paid time and one half for overtime hours.
The FLSA exempts from its minimum wage and overtime pay provisions "any employee employed in a bona fide…professional capacity." The exemption is not determined by the job title or employment classification, but rather the duties and salary of the individual employee.
In the opinion letter the Department states, "We do not believe that the RT position meets the primary duty requirement … The RT's primary duty does not appear to require 'knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction.' The requirement that an RT complete a two-to-three year radiology technology program accredited by the Joint Review Committee on Education in Radiologic Technology (or some other manner of accreditation acceptable to the ARRT), along with an ARRT examination for registration, does not appear to meet this regulatory standard."
Thus, the Department concludes that RTs do not qualify for the "learned professional" exemption and must be paid minimum wage and overtime as required by the FLSA.
While these opinion letters do not have the force of law, they are good guidance for you to determine how the Department would view this issue if an audit were conducted.
If you would like further information or a copy of the full text of the Department's opinion letter, please contact Kevin C. Woodhouse (kevin.woodhouse@icemiller.com) or Paul Sinclair (paul.sinclair@icemiller.com).
