FAR 22.1102—Definition.
Plain-English Summary
FAR 22.1102 defines the term “professional employee” for use in this subpart, and it does so by tying the FAR definition to the Department of Labor’s exemption standard in 29 CFR 541. The section explains that a professional employee is someone who meets the regulatory definition of an employee employed in a bona fide professional capacity, meaning the person has advanced knowledge in a recognized profession acquired through prolonged study. It also gives examples of covered professions, including accountancy, actuarial computation, architecture, dentistry, engineering, law, medicine, nursing, pharmacy, the sciences, and teaching. The section further limits the term by requiring that the individual not only belong to a recognized profession, but also actually spend the work time performing professional duties. In practice, this definition matters because it helps contracting officers and contractors identify which labor categories are truly “professional” for purposes of the subpart, and it prevents misclassification of workers whose titles sound professional but whose actual duties are not. It is a threshold definition that affects how labor requirements are applied and how contract labor categories are evaluated.
Key Rules
Uses the DOL exemption standard
The FAR definition incorporates the meaning of “employee employed in a bona fide professional capacity” from 29 CFR 541. That means the FAR does not create a separate standalone test; it relies on the Department of Labor’s professional exemption framework.
Requires recognized professional status
A professional employee must belong to a profession with recognized status based on prolonged study and specialized knowledge. The focus is on the nature of the occupation, not just the job title or employer’s internal classification.
Lists common examples
The section identifies examples such as accountancy, actuarial computation, architecture, dentistry, engineering, law, medicine, nursing, pharmacy, the sciences, and teaching. These examples illustrate the kinds of occupations that typically qualify, but they are not the only possible professions covered.
Actual duties must be professional
A person must be engaged essentially in performing professional duties, not merely hold a professional credential or degree. If the employee’s day-to-day work is primarily administrative, clerical, or routine, the person may not qualify even if licensed or educated in a profession.
Qualification is both status and function
The definition has two parts: the individual must be a professional, and the work performed must be professional in nature. Both elements must be satisfied for the person to be treated as a professional employee under this subpart.
Responsibilities
Contracting Officer
Use this definition when evaluating whether labor categories or personnel descriptions properly fall within the professional employee category under the subpart. Verify that the contractor’s proposed or billed personnel are performing professional duties, not merely holding professional credentials.
Contractor
Classify employees accurately based on their actual duties and the applicable 29 CFR 541 standard. Ensure that staff described as professional employees are truly performing work that requires advanced professional knowledge and that labor representations are consistent with the work performed.
Agency
Apply the definition consistently in contract administration and labor compliance reviews. When relevant, ensure solicitations, evaluations, and oversight activities reflect the correct distinction between professional and non-professional work.
Employee/Labor Category Owner
Perform duties that are genuinely professional in nature if the employee is being treated as a professional employee under this subpart. Maintain qualifications, licenses, or education as needed for the profession, but recognize that credentials alone are not enough without corresponding professional duties.
Practical Implications
Job titles can be misleading; what matters is the actual work performed. A person called an engineer or analyst may not qualify if the job is mostly routine or administrative.
Contractors should align labor category descriptions with real duties and qualifications. Mislabeling workers as professional employees can create compliance problems and pricing or billing disputes.
Contracting officers should look beyond resumes and certifications. The key question is whether the employee is essentially discharging professional duties under the DOL standard.
The examples in the rule are helpful but not exhaustive. Other occupations may qualify if they meet the underlying 29 CFR 541 professional-capacity test.
This definition is often used as a gatekeeping concept in labor-related contract clauses. Getting it wrong can affect wage determinations, contract administration, and enforcement actions.
Official Regulatory Text
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.