The state of Washington maintains 44 field offices in its Department of Social and Health Services (DSHS) and employs a large body of social workers. Their primary task is to identify the needs of children and their family and arrange for services to keep them safe and well. The state maintained the workers were exempt, but the U.S. Department of Labor (DOL) wasn’t so sure.

What happened. Washington’s social workers investigate suspected cases of child abuse and/or neglect, develop treatment plans, and decide whether parental rights should be terminated. The state requires each of these workers to have a bachelor’s degree in “social services, behavioral sciences, or an allied field,” at least 18 months’ experience in social work, and completion of a 6-week training course.

DOL’s primary duty test for the professional exemption features three requirements: (1) employee must perform work requiring advanced knowledge, (2) advanced knowledge must be in a field of science or learning, and (3) advanced knowledge must be customarily acquired by a prolonged specialized intellectual instruction. And, in April 2010, DOL sued DSHS, saying its social workers should not be classified as exempt.

A judge in federal district court ruled that, according to the state’s description of the educational requirements, the social workers did qualify for exemption. DOL appealed to the 9th Circuit, which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

What the court said. Appellate judges noted that the circuit had not previously considered a case involving the professional exemption. So they reviewed several DOL opinion letters, finding that social workers with master’s degrees in social work or human services can be exempt, while those with only bachelor’s degrees cannot.

Judges then looked at two cases from other circuits: The 5th Circuit in 1999 ruled that state-licensed athletic trainers could be exempt because, in addition to bachelor’s degrees, they had completed courses in five specific areas. And the 6th Circuit in 2000 ruled that a licensed funeral director was exempt because he had a year of mortuary instruction and passed national board tests. DSHS’s social workers, judges said, didn’t quite meet those standards, noting that DSHS relies primarily on “apprenticeship and experience” to train its social workers—not a course of specialized instruction. DOL v. State of Washington DSHS, U.S. Court of Appeals for the 9th Circuit, No. 10-35590 (9/9/11).

Point to remember: A bachelor’s degree and on-the-job experience will not usually qualify for the “learned professional” exemption.