Employment Law Questions? Ask an Employment Lawyer.
Hello and thanks for your reply - I am familiar with the language in
190.7 and the definition of a Professional under NYS law that I've pasted below (the bold section makes this proceeding rhetorical but I must submit my papers to convince the judge) but was hoping you could help me find supporting case law or give me other input to include in my MOL. Is that not possible? Thanks again
To qualify as a bona fide professional employee, all of the following tests must be met:
The employee’s primary duty consists of the performance of work that:
• _Requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from
o A general academic education
o An apprenticeship
o Training in the performance of routine mental, manual, or physical processes
• _Is original and creative in a recognized field of artistic endeavor, and produces a result that depends primarily on the invention, imagination, or talent of the employee
The employee’s work:
• _Requires the consistent exercise of discretion and judgment in its performance
• _Is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical or physical work)
• _Is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time
Thanks for your reply - yes I am seeking t prove that the claimants are professionals under NYS law but I think I should pass on you offer of research as I understand that I am probably looking for something too specific...
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).