Solis

The Secretary of Labor has filed a complaint against the State of Washington, Department of Social and Health Services (“DSHS”), alleging that DSHS has failed to pay overtime compensation to certain social workers in violation of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 , et seq. (“FLSA”). The district court granted summary judgment in favor of DSHS, concluding that the social workers come within the “learned professional” exemption to the FLSA’s overtime pay requirements. The Secretary appeals.

To avail itself of the “learned professional” exemption, an employer must show that a position requires advanced knowledge customarily acquired by a prolonged course of specialized intellectual instruction. Because the social worker positions at issue here require only a degree in one of several diverse academic disciplines or sufficient coursework in any of those disciplines, we conclude that DSHS has not met its burden of showing that its social worker positions “plainly and unmistakably” meet the regulatory requirement. Accordingly, we reverse and remand for further proceedings consistent with this opinion.

I.

DSHS is a public agency created by the…