22.1102 Definition
Source: FAR 22.1102 on acquisition.gov
FAR 22.1102 defines "professional employee" for compensation compliance, requiring both recognized professional status and engagement in professional duties.
Overview
FAR 22.1102 provides the definition of "professional employee" as it applies to Subpart 22.11, which addresses professional employee compensation. The section references the definition found in 29 CFR 541, clarifying that a professional employee is someone who holds a recognized professional status based on advanced knowledge acquired through prolonged study and is engaged in professional duties. Professions listed include accountancy, engineering, law, medicine, and teaching, among others. This definition is critical for determining which employees are subject to the compensation requirements and protections outlined in this subpart.
Key Rules
- Definition Reference
- "Professional employee" is defined by 29 CFR 541 and includes those with recognized professional status and advanced education.
- Scope of Professions
- The definition covers a range of professions such as accountancy, engineering, law, medicine, and teaching.
- Duties Requirement
- The individual must be engaged primarily in professional duties, not just hold a professional qualification.
Responsibilities
- Contracting Officers: Ensure that contractors understand and apply the correct definition of professional employee when complying with compensation requirements.
- Contractors: Accurately identify which employees meet the definition to ensure proper compensation and compliance with Subpart 22.11.
- Agencies: Oversee contractor compliance with professional employee compensation regulations.
Practical Implications
- This section ensures clarity on who qualifies as a professional employee for compensation purposes, reducing ambiguity and potential disputes.
- Accurate classification is essential for compliance with wage and benefit requirements.
- Misclassification can lead to compliance violations and penalties.
Professional employee, as used in this subpart, means any person meeting the definition of "employee employed in a bona fide . . . professional capacity" given in 29 CFR541. The term embraces members of those professions having a recognized status based upon acquiring professional knowledge through prolonged study. Examples of these professions include accountancy, actuarial computation, architecture, dentistry, engineering, law, medicine, nursing, pharmacy, the sciences (such as biology, chemistry, and physics, and teaching). To be a professional employee, a person must not only be a professional but must be involved essentially in discharging professional duties.