Full opinion text
DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, DISMISSING PLAINTIFFS’ FLSA CLAIMS WITH PREJUDICE, DISMISSING PLAINTIFFS’ STATE LAW CLAIMS WITHOUT PREJUDICE McMAHON, District Judge. Plaintiffs Edward Lambert, Kyle Pippins, Jamie Schindler, OpNIn Plaintiffs Samuel Bradley and Keeley Young, other declarant Mark Litchfield, and various other OpNIn Plaintiffs who have elected to become part of this action (collectively, “Plaintiffs”) brought this action under the Fair Labor Standards Act (the “FLSA”), 29 U.S.C. §§ 201 et seq., and under the New York Labor Law, Article 19, §§ et seq., against Defendant KPMG LLP (“KPMG”). Plaintiffs, all of whom are or were employed as Audit Associates by KPMG, allege that Defendant violated the overtime pay requirements of the FLSA and the NYLL by failing to compensate them for hours worked in excess of forty per week. It is stipulated that KPMG did not pay overtime pay to Audit Associates and Senior Associates. On January 3, 2012, this Court granted Plaintiffs’ motion for conditional certification of a collective action under section 16(b) of the FLSA, which permits employees to bring actions seeking recovery of unpaid overtime wages on behalf of “themselves and other employees similarly situated.” Pippins v. KPMG LLP, 11 CIV. 0377(CM), 2012 WL 19379, at *1 (S.D.N.Y. Jan. 3, 2012) (citing 29 U.S.C. § 216(b)). I also directed that the parties conduct expedited discovery limited to “the issue of why all Audit Associates are classified as exempt, without regard to their personal situations,” with an eye to having one side or the other move for summary judgment on the issue. Id. at *15. In particular, the issue is “whether all Audit Associates are, by virtue of either their educational attainments or job expectations,” exempt from the FLSA, either because they qualify as learned professionals or as administrators. Id. The parties have filed cross-motions for summary judgment, limited to the claims asserted under federal law. KPMG argues that it is entitled to summary judgment on its affirmative defense that all Audit Associates are exempt because they qualify as “professionals” under the FLSA. Plaintiffs assert that they are entitled to summary judgment on their claims that (1) all Audit Associates are non-exempt under the administrative exemption, (2) at the very least, first-year Audit Associates are not exempt under the professional exemption, and (3) KPMG did not act in “good faith” when it classified all Audit Associates as exempt. Neither party has moved for summary judgment on the NYLL claims. For the reasons discussed below, I conclude that Audit Associates are exempt as “learned professionals,” and so need not be paid overtime. It is not necessary to discuss the applicability of the administrative exemption, since the professional exemption disposes of Plaintiffs’ federal claims. The state law claims are dismissed without prejudice; if Plaintiffs choose to pursue them, they should do so in the New York State Supreme Court. FACTUAL BACKGROUND I. Plaintiffs Plaintiffs in this suit were employed by KPMG as Audit Associates. Plaintiffs worked at KPMG offices in various states, including (among others) Florida, Nebraska, New Jersey, New York, Texas, and Washington. II. Defendant KPMG KPMG provides audit, tax, and advisory services to public and private clients in the U.S. (Def.’s Rule 56.1 Stm’t in Supp. of Def.’s Mot. for Summ. J., June 8, 2012 (“Def.’s 56.1 Stm’t”) ¶ 1.) The most common services KPMG provides in its audit practice are financial statement audits and integrated audits. (Id. ¶ 2.) In the former, KPMG conducts audits of its clients’ financial statements and expresses an opinion on whether those statements conform in all material respects with Generally Accepted Accounting Principles (“GAAP”), the authoritative accounting principles on financial statements for public and private companies. (Id. ¶ 2a.) KPMG is also engaged by public companies for integrated audits, which include both a financial statement audit and a report on the client’s internal control over financial reporting. (Id. ¶ 2b.) Both financial statement audits and integrated audits are conducted in conformity with certain professional standards. (Id. ¶¶ 2a-b.) For private companies, the applicable auditing standards are the Generally Accepted Auditing Standards (“GAAS”), and for public companies, the applicable auditing standards are the standards of the Public Company Accounting Oversight Board (the “PCAOB”) (together, the “professional audit standards” or the “professional standards”). (Id. ¶7.) The GAAS standards, cited as “AU” sections, are promulgated and codified by the Auditing Standards Board (the “ASB”), the senior technical body of the American Institute of Certified Public Accountants (the “AICPA”). (Id.) The PCAOB promulgates its own auditing standards, cited as “AS” sections, and has also adopted the GAAS (with various additions and modifications). (Id.) Both the ASB and the PCAOB have also adopted Quality Control Standards for quality control systems at audit firms, such as training for audit employees, which provide reasonable assurance to clients that audits are performed in accordance with auditing standards applicable to particular audits. (Id.) KPMG audits are conducted by “engagement teams,” which typically include (in order of seniority) one or more Partners, Senior Managers, Senior Associates, and Audit Associates. (Id. ¶ 4.) As of June 5, 2012, KPMG employed approximately 6,700 auditing employees, who provided client services in the firm’s 87 U.S. offices, approximately 2,500 of whom held the position of Audit Associate. (Id. ¶ 1.) Audit Associates are the most junior members of the team, other than interns. (Id. ¶ 5; Pis.’ Rule 56.1 Stm’t in Supp. of Pis.’ Mot. for Partial Summ. J., June 8, 2012 (“Pis.’ 56.1 Stm’t”) ¶ 40.) Each engagement team generally has an individual, often referred to as the “in-charge,” who is responsible for running the day-to-day management of the audit. (Pis.’ 56.1 Stm’t ¶¶ 120-21.) Senior Associates serve as the in-eharge approximately 80% of the time, but Audit Associates occasionally fill that role. (See id. ¶¶ 122-28.) Audit Associates are typically considered for promotion to Senior Associate after two years in that role. (Id. ¶ 36.) Senior Associates are typically considered for promotion to Manager after three years. (Id. ¶ 37.) III. Audit Associates: Educational Requirements and Training Audit Associates (and Senior Associates, for that matter) are not required to be licensed Certified Public Accountants (“CPAs”). (Id. ¶¶ 338-39.) However, KPMG does not hire Audit Associates who lack an educational background in accounting or related fields. In fact, KPMG’s general policy is to hire as Audit Associates only individuals who are “CPA-eligible” in the state in which they will work. (Def.’s 56.1 Counterst. ¶318; Dep. of David J. Butler, Apr. 25, May 11, and June 1, 2012 (“Butler Dep.”) 481:14-482:21.) The “Audit Associate Role Description,” an internal human resources document describing the position, lists as a “typical” qualification “Must be CPA eligible in home-state. If individual has not passed CPA exam, there should be a short-term plan in place to pass the CPA exam.” (Decl. of David Butler in Supp. of Def.’s Mot. for Summ. J., June 7, 2012 (“Butler Deck”) Exs. C and D.) The education requirements for CPA-eligibility vary from state to state, but nearly all states require a Bachelor’s degree in some field and a significant number of courses in accounting, within a course of study totaling at least 150 semester hours of college-level education. (Def.’s 56.1 Stm’t ¶ 29.) Many states require at least 24 semester hours in accounting courses and at least 24 additional semester hours in business courses, as required by the Uniform Accountancy Act Model Rules, issued by the National Association of State Boards of Accountancy. (Id.) States may require more than this: New York requires 33 semester hours of accounting courses and 36 semester hours of general business courses; Texas requires 30 semester hours of upper-level accounting courses and 24 semester hours of upper-level general business courses; and Florida requires 36 semester hours in upper-division accounting courses and 39 semester hours in general business courses. (Id. ¶ 30.) Plaintiffs point out that several states, including New Hampshire, Maine and Delaware, require very few credit hours in accounting for CPA-eligibility, but KPMG does not have offices in those states. (See Pis.’ Rule 56.1 Counterst. and Corrected Stm’t of Add’l Facts in Opp. to Def.’s Rule 56.1 Stm’t, July 10, 2012 (“Pis.’ 56.1 Counterst”) ¶ 28.) In addition to requiring a Bachelor’s degree and CPA or near CPA-eligibility, KPMG’s Audit Associate Role Description also lists the following “typical” qualifications: “Bachelor of Accountancy or Masters of Accountancy”; “Strong understanding of U.S. GAAP, U.S. GAAS, and preferably, PCAOB auditing standards”; “Strong writing and communication skills”; “Understanding and knowledge of testing both the design and effectiveness of internal controls.” (Butler Deck Exs. C and D.) The vast majority of KPMG’s Audit Associates have at least a Bachelor’s degree with majors in the fields of accounting, finance, or business management/administration. (Def.’s 56.1 Stm’t ¶ 28.) Approximately 40% of KPMG’s incoming Audit Associates have Master’s degrees in accounting, finance, or business administration. (Id. ¶ 32.) Occasionally (the record does not reveal how frequently), KPMG hires an individual who is not CPA-eligible into the position of Audit Associate. (Id. ¶ 31.) KPMG asserts that these recruits are “near CPA-eligible,” meaning that they have satisfied nearly all of the educational requirements to be eligible, and that they are hired with a specific plan in place for them to become eligible in “short order.” (Id.) Plaintiffs offer no evidence to the contrary, but challenge this claim by asserting that KPMG has not presented evidence that it has a specific policy about how much time an Audit Associate who is not CPA-eligible will be given to become CPA-eligible, or of what constitutes a “clear plan” to become CPA-eligible. (Pis.’ 56.1 Counterst. ¶ 31.) Plaintiffs also invoke Rule 56(f) and ask that the Court allow them additional time to obtain discovery about KPMG’s hiring of “near CPA-eligible” Audit Associates. (Id.) In view of the conclusion I reach on the motions, additional discovery is not necessary — especially because Plaintiffs agree with KPMG that the coursework Audit Associates take in college provides them with knowledge of accounting standards, including U.S. GAAP, U.S. GAAS, and PCAOB auditing standards. (Pis.’ 56.1 Stm’t ¶ 305; Def.’s Rule 56.1 Counterst. to Pis.’ 56.1 Stm’t, June 29, 2012 (“Defi’s 56.1 Counterst.”) ¶ 305.) The parties disagree about whether that knowledge is properly characterized as “advanced” for FLSA purposes, but about the basic requirement that incoming Audit Associates not be neophytes where accounting standards are concerned there is no dispute whatsoever. (Pis.’ 56.1 Stm’t ¶ 305; Def.’s 56.1 Counterst. ¶ 305.) New Audit Associates at KPMG are required to attend an in-person initial training course called “Audit Fundamentals.” (Def.’s 56.1 Stm’t ¶ 39.) The course, which lasts about one week, includes (1) an overview of what an audit is; (2) an introduction to KPMG’s audit methodology for a variety of audit procedures that Audit Associates may perform in their first year, including auditing payroll, auditing accounts receivable, auditing accounts payable, auditing inventory, auditing fixed assets, and auditing debt; (3) training on eAudit, KPMG’s proprietary audit tool, which is used to execute an audit; and (4) simulations of real-life situations that Audit Associates are likely to encounter in the field in their first year. (Pis.’ 56.1 Stm’t ¶¶ 266, 283-84; Def.’s 56.1 Stm’t ¶¶ 39a-b.) Plaintiffs argue that the training course teaches Audit Associates everything they need to know to perform audit procedures as first-year Audit Associates. (Pis.’ 56.1 Counterst. ¶¶ 40-41.) KPMG, on the other hand, asserts that in order to do their jobs and to apply the content from the short course of training they receive at the commencement of their employment, Audit Associates need advanced knowledge in accounting and auditing concepts, developed from college and graduate level coursework. (Def.’s 56.1 Stm’t ¶¶ 34, 42.) These observations are in the nature of argument and will be treated as such. Like many professional organizations, KPMG has an extensive continuing education program for its employees, and Audit Associates continue to receive training throughout their tenure at the firm. They are required to take additional training courses, including a course at the end of their first year that covers audit procedures they are likely to perform in their second year, and In-Charge Auditor training near the end of their second year, which covers procedures they are likely to perform if they are promoted to Senior Associates. (Pis.’ 56.1 Stm’t ¶¶ 291-94.) Audit Associates also receive on-the-job instruction and supervision from more senior members of the audit engagement teams. (Pis.’ 56.1 Stm’t ¶¶ 296, 298.) IV. The Role of an Audit Associate The primary job responsibility of Audit Associates is to perform audit work for audits of clients’ financial records. (Def.’s 56.1 Stm’t ¶ 49.) As part of a larger audit engagement team, Audit Associates perform various auditing procedures and summarize the results in audit work papers, which are later used to issue an audit report for the client. {Id. ¶¶ 49-50.) All of the work they perform must be conducted in accordance with KPMG’s methodology and professional standards, and any work papers must meet U.S. GAAS and PCAOB documentation requirements. {Id. ¶¶ 49-50, 59e.) Professional auditing standards apply to every member of the audit team, whether licensed or unlicensed, and so apply to all Audit Associates. {Id. ¶ 16.) A. KPMG Guidance Materials In the KPMG Audit Manual (“KAM”) and other guidance materials, KPMG provides its audit employees with guidance on various audit procedures and audit areas. These materials give guidance on audit objectives, KPMG’s audit methodology, and KPMG’s internal policies. (Def.’s 56.1 Stm’t ¶ 19a.) In some instances, the guidance is general, and in other instances, it outlines the procedures an audit employee might perform when doing some particular task. {Id.) Additionally, all significant audit procedures for a particular audit are summarized in an “audit program” or “audit plan”, which is a list of procedures that an engagement team intends to perform during the audit. (Pis.’ 56.1 Stm’t ¶ 34.) The plan describes the nature, timing, and extent of audit procedures to be performed. {Id. ¶¶ 82-83, 85.) Audit employees also use a computer program, eAudit, which incorporates KPMG’s audit methodology and helps employees (of various levels) to perform and document audit procedures in a fully professional manner. {See id. ¶ 287.) For each significant audit procedure, eAudit guides the user through the audit steps that must be completed and helps document the work performed. {Id. ¶ 285.) The program takes the user through various screens and prompts them to respond to specific questions or take specific actions. {Id. ¶ 286.) The program reminds the user about the relevant accounting standards, so that audit employees can identify how the requirements apply to the task they are working on. {Id. ¶ 289.) The program also provides links to KAM and other guidance materials, so that audit employees can access additional information on relevant professional standards, the audit area, or audit procedure to assist in completing their work. {Id. ¶¶ 289-90.) Audit employees are expected to document the results or conclusions of procedures in “work papers.” (Def.’s 56.1 Stm’t ¶ 59e.) Some standard work papers follow a template format, in which engagement teams are instructed to document the performance of all procedures, in addition to conclusions. (Pis.’ 56.1 Stm’t ¶ 103; Deck of Justin M. Swartz in Supp. of Pis.’ Mot. for Partial Summ. J., June 8, 2012 (“Swartz Deck”) Ex. MM.) KPMG also provides its Audit Associates with a “WorkPaper Review Checklist.” (Pis.’ 56.1 Stm’t ¶ 200.) The exhibit itself reveals that the checklist is merely a tool to assist new Associates in “self review” of their work, stating that “in the beginning, it may be helpful” for them to use it. (Swartz Decl. Ex. II.) The parties disagree about the implications of the use of these guidance materials by Audit Associates. Plaintiffs take the position that reliance on these tools limits an audit employee’s discretion and argue that most (if not all) of an Audit Associate’s work consists of following specific audit steps specified in these materials and inputting information into templates provided by KPMG (which are described in greater detail below). (See e.g., Pis.’ 56.1 Stm’t ¶ 151). KPMG views these tools as self-protective precautions that are designed to ensure compliance with professional auditing standards, enhance the quality of its work papers, and limit the firm’s exposure to claims that it failed to comply with GAAP and/or GAAS during an audit — claims frequently asserted in, for example, securities fraud litigation in this very court. (See Butler Dep. 610:4-611:13, 611:19-612:15.) The audit program that is devised for a particular audit provides a list of procedures that must be completed, but it does not necessarily instruct the employee on how to perform those procedures. (Pls.’ 56.1 Stm’t ¶¶ 34, 117.) For example, when assessing the competence of a corporation’s internal audit personnel, the audit program might direct the audit employee to obtain certain documents and assess certain factors, but it would not indicate how to go about doing those tasks; and once the necessary materials were obtained, according to KPMG, the Audit Associate would have to review them, make a judgment about the internal employees’ competence, and document their judgment. (Def.’s 56.1 Counterst. ¶¶ 285-88; see also Pis.’ 56.1 Stm’t ¶¶ 301-02.) Depending on the audit evidence obtained during a procedure and whether it was consistent with the “expectations” of the audit, an audit team member (including an Audit Associate) might need to make decisions about which of several individual procedures ought to be performed. (See Pls.’ 56.1 Stm’t ¶ 117.) The eAudit screens guide the user through the process of making those sorts of judgments and decisions and then help the user document his/her conclusions. (Pls.’ 56.1 Stm’t ¶ 285-89; Def.’s 56.1 Counterst. ¶¶ 285-89.) For example, according to KPMG, in connection with procedures to test fixed asset additions, the audit team member would need to make judgments about what sampling methodology to use. (Def.’s 56.1 Counterst. ¶ 285.) Plaintiffs do not dispute that decisions need to be made about how to carry out certain audit steps, and about which individualized procedures to perform. But they note that Senior Associates help Audit Associates decide which steps to take where the audit program does not provide specific information, or where eAudit requires a decision as to which individual procedures to perform. (See Pls.’ 56.1 Stm’t ¶ 117.) B. Audit Associate Responsibilities Audit Associates are generally involved in performing some of the following auditing procedures and tasks: testing internal controls over financial reporting, which include interviews of client representatives (referred to as “walkthroughs”); auditing inventory, including performing inventory observations; substantive analytical procedures; preparation of audit work papers; updating of work papers from the prior year; research and consultation; confirmations; reconciliations; recalculations; and certain procedures over financial statements. (Def.’s 56.1 Stm’t ¶¶ 59c, 59d, 59e, 59f; Pls.’ 56.1 Stm’t ¶¶ 138, 140, 153, 158, 250, 261, 279.) As noted above, many of the tasks that Audit Associates perform are laid out in audit steps describing the procedures to be completed in gathering audit evidence. (Pls.’ 56.1 Stm’t ¶ 155.) Audit Associates are responsible for performing much of the audit fieldwork on site at' the client’s location, which includes testing internal controls and inventory observations. (Def.’s 56.1 Stm’t ¶ 51.) At times, an Audit Associate may be the only member of the engagement team present. (Id.) In conducting a walkthrough to test a client’s internal controls, an Audit Associate will (1) obtain the client’s documentation on its process and controls, (2) ask the client’s personnel to explain what they do to follow their controls, (3) compare the responses to the client’s documentation, (4) ask for examples of any variances that the client’s controls have identified and for supporting documentation to cite as audit evidence, (5) and document the results in work papers. (Pls.’ 56.1 Stm’t ¶ 149.) During this process, Audit Associates are expected to modify their prepared interview questions if necessary, follow up on any inconsistencies in a client’s responses, note and interpret body language, and summarize the responses. (Def.’s 56.1 Stm’t ¶ 59c.) According to KPMG’s human resources materials regarding audit employees’ “skills,” Audit Associates are also expected to draw conclusions from interviews and determine the sufficiency of audit evidence. (Butler Decl. Exs. A-B.) Plaintiffs disagree with the latter; they testified at their depositions that they merely followed templates and applied the procedures that were assigned to them. (Pls.’ 56.1 Counterst. ¶ 59c.) Audit Associates may also conduct procedures to test controls, which includes following the steps provided in a list of the client’s controls and documenting the results. (Def.’s 56.1 Stm’t ¶60£) KPMG asserts that the process requires Associates to identify risk points with respect to a client’s accounting activities and the relevant controls in place; select which controls to test; “evaluate” the controls; and reach and document conclusions about the effectiveness of those controls (among other things). (Id.) The parties agree that when Associates come across control deviations, they are expected to discuss the issue with the in-charge (after they have independently considered which element of the control does not work, according to KPMG). (Pls.’ 56.1 Counterst. ¶601; Def.’s 56.1 Counterst. ¶ 173.) Plaintiffs also do not deny that Audit Associates identify the relevant client controls (by gathering the appropriate documents) and select which controls to test, although they assert the latter is accomplished with the assistance of the in-charge. (Pls.’ 56.1 Counterst. ¶ 60f.) Plaintiffs also testified at their depositions that, with respect to evaluating controls, “reviewing the effectiveness” of a client’s controls entails filling out a template form located on KPMG’s system, and that “testing the operating effectiveness” of controls means following a procedure set by KPMG and filling information into a template form. (Id. ¶ 59c.) In performing inventory observations, Audit Associates also conduct walkthroughs and test internal controls. An inventory observation generally involves (1) physically re-counting the inventory and comparing it with client records (or watching client personnel do the same), (2) looking for any differences in the physical count and the client’s records, and (3) monitoring inventory being received and removed from the client’s premises during the physical count and comparing it to client records. (Pls.’ 56.1 Stm’t ¶¶ 141-44.) The observations may include dealing with a variety of kinds of inventory (e.g., slow-moving or obsolete) and comparing that inventory against client records. (Def.’s 56.1 Stm’t f42a.) In KPMG’s first-year course on auditing inventory, Audit Associates are instructed that they must follow up on any discrepancies that are identified during the physical count, which includes notifying the client’s inventory supervisor, recounting the items, determining if the error is isolated, and notifying the in-charge if the discrepancy is significant. (Defi’s 56.1 Counterst. ¶ 143.) Other inventory-related procedures that Audit Associates may perform include “vouching” a sample of purchases and sales to inventory to determine whether they were properly recorded; performing “pricing tests” to ensure proper calculation of inventory costs; and determining whether inventory is properly valued. (Def.’s 56.1 Stm’t ¶ 42a.) Plaintiffs, of course, characterize these procedures — selecting purchases and sales and vouching them back to the invoices; “agreeing” numbers over a sample of inventory; and checking whether numbers on the client’s inventory listing are recorded correctly, respectively — as simple tasks. (Pis.’ 56.1 Counterst. ¶ 42a.) Audit Associates perform “substantive audit procedures,” which include “substantive analytical procedures” and “tests of details.” (Def.’s 56.1 Stm’t ¶ 59d.) An inventory observation like the one just described is a substantive procedure. (Pis.’ 56.1 Stm’t ¶ 139.) According to KPMG’s human resources materials, when performing substantive analytical procedures, Audit Associates are expected to (1) investigate and analyze the relationships, (2) identify key factors, (3) determine precision based on assessment of RoSM (the risk of significant misstatement), (4) set and corroborate expectations, (5) compare the actual amounts obtained during the procedure (for example, a year-end balance) to the “expectations” for the audit, and (6) evaluate the results. (See Defi’s 56.1 Stm’t ¶ 59d.) Plaintiffs do not dispute that Audit Associates are supposed to compare the figures obtained during substantive procedures to the “expectations.” (Pis.’ 56.1 Counterst. ¶ 59d.) Plaintiffs claim, however, that Audit Associates are not involved in identifying key factors, determining the assessment of RoSM, or setting and corroborating expectations; those issues are determined by more senior team members during the planning stage of the audit. (Pis.’ 56.1 Counterst. IT 59d.) They also assert, based on their own personal work histories, that the primary duty of Audit Associates is not to investigate and analyze relationships, but to perform the audit steps that are assigned to them. (Pis.’ 56.1Counterst. ¶ 59d.) I assume that, by this, they mean that investigating and analyzing relationships is not an audit task to which they were assigned. Plaintiff Pippins testified that “most of the time,” performing substantive procedures involved following steps on a guide or template, although he only discussed one procedure — price testing on inventory. And rather than deny that he ever did more than simply follow steps, Pippins swore that he could not recall one way or the other whether he had done more than follow steps. (Dep. of Kyle Pippins, May 6, 2011 (“Pippins Dep.”) 112:8-113:11.) When performing tests of details, Audit Associates are expected to employ an appropriate audit sampling technique and know how to determine which technique to use (even if someone else makes that determination). (Def.’s 56.1 Stm’t ¶ 59d; Pls.’ 56.1 Counterst. ¶ 59d.) According to KPMG’s human resources materials, they are also supposed to determine if audit evidence is sufficient and appropriate for the test performed. (Def.’s 56.1 Stm’t ¶ 59d.) Plaintiffs testified that they did not make such determinations, or that when they did, they did not use their own judgment and simply followed steps. (Pls.’ 56.1 Counterst. ¶ 59d; see, e.g., Dep. of Samuel Bradley, June 2, 2011 (“Bradley Dep.”) 218:4-10, 218:21-219:4; Pippins Dep. 130:14-131:17; Dep. of Edward Lambert, May 16, 2011 (“Lambert Dep.”) 194:25-195-10.) Audit Associates also update work papers prepared for clients in the prior year. (Pis.’ 56.1 Stm’t ¶ 153.) Plaintiffs testified that they were frequently tasked with such work, and that it only involved “rolling forward” or updating client names and numbers for the current year. (See, e.g., Dep. of Jamie Schindler, May 3, 2011 (“Schindler Dep.”) 188:5-19; Pippins Dep. 76:5-18, 79:7-12; Lambert Dep. 148:15-20.) However, KPMG instructs its Audit Associates to conduct an independent review of the documents, rather than simply following the prior year’s file and updating the data to create current work papers. (Def.’s 56.1 Counterst. ¶ 153.) Some of the Plaintiffs testified that they followed this instruction. (Dep. of Keeley Young, May 12, 2011 (“Young Dep.”) 181:21-183:17 and Decl. of Jennifer Altfeld Landau in Supp. of Def.’s Opp. to Pis.’ Mot. for Summ. J., June 29, 2012) (“Landau Deck”) Ex. J (engagement review stating “I took the time to understand ... as opposed to merely rolling forward prior year documents.”); Schindler Dep. 188:20-189:11 (confirming that in “rolling forward” or updating work papers KPMG tells Associates to “read it through to make sure that’s actually what you did”). Audit Associates may also perform confirmations, reconciliations (including bank reconciliations), recalculations, and certain procedures over financial statements. (Pls.’ 56.1 Stm’t ¶ 158, 250, 261, 279.) A bank reconciliation, as one example, involves comparing the balance received from the client’s bank and the balance on the client’s books and records. (Butler Dep. 401:5-16.) There is no dispute that Audit Associates do not always perform these tasks; in fact, they are included in a list of procedures that are sometimes assigned to the firm’s Global Delivery Center (“GDC”) located in India. (Pls.’ 56.1 Stm’t ¶¶ 181-86.) On the record before the Court, it would be impossible to conclude that this type of work constitutes the bulk of what an Audit Associate does. Of course, KPMG denies that all such work is “non-judgmental,” as characterized by Plaintiffs; according to Defendant, employees at the GDC are only to perform the routine portions of these procedures, while anything that requires judgment is assigned to Audit Associates or Senior Associates. (Def.’s 56.1 Counterst. ¶¶ 181.) However, it appears to be uncontroverted that Audit Associates (as well as Senior Associates) review the work that is done at the GDC. (Def.’s 56.1 Counterst. ¶¶ 181-86; Swartz Deck Ex. Y.) When accounting or auditing questions that require independent research arise during an audit, Audit Associates are tasked with conducting research on the relevant topic and documenting the issues and their conclusions in a work paper. (Def.’s 56.1 Stm’t ¶ 59f.) At the conclusion of an audit, Audit Associates also typically make sure that all audit documentation has been signed off by more senior team members, as well as clear review comments and complete checklists. (Pis.’ 56.1 Counterst. ¶ 201.) As part of their work on an audit, Audit Associates perform clerical tasks, such as making copies, stuffing envelopes, compiling binders, organizing documents, or faxing documents. (Pls.’ 56.1 Stm’t ¶ 152.) There is very little evidence in the record about how much time Audit Associates spend on clerical work, and the motion must be evaluated on that basis. Finally, and importantly, Audit Associates must prepare audit work papers summarizing the audit work they performed and perform quality review of their own work. (Def.’s 56.1 Stm’t ¶ 59e.) In some cases, they perform quality review of the work of more junior Audit Associates and interns. (Id.) All work papers must be prepared in compliance with applicable U.S. GAAS or PCAOB documentation requirements. (Id.) Audit Associates are expected to take responsibility for preparing and completing work papers in accordance with firm and professional standards in the areas to which they are assigned. (Id. ¶ 62.) The preparation of these work papers is critically important to the audit process because audit documentation, as outlined by professional standards, “Provides the principal support for the representation in the auditor’s report that the auditor performed the audit in accordance with [GAAS]” and “Provides the principal support for the opinion.” (Id. ¶ 62a.); AU § 339.03. Plaintiffs asserted at their depositions that performing procedures and preparing work papers does not require the use of “advanced” accounting knowledge, including U.S. GAAP and other accounting principles, because they merely follow template forms or perform routine work comparing numbers. (Pls.’ 56.1 Stm’t ¶ 319; Pis.’ 56.1 Counterst. ¶ 355.) Plaintiffs’ testimony establishes that templates are used and that some “routine” work is involved in preparing work papers — facts that, as I understand it, KPMG does not contest. Whether the use of templates and the like negates the need to employ advanced accounting knowledge is a conclusion, and Plaintiffs’ testimony in this regard qualifies as argument. It will be treated as such. The template working paper suggests that in preparing work papers, Audit Associates document both the work done and “conclusions.” (See Swartz Decl. Ex. MM.) Plaintiffs take contradictory positions about this assertion by Defendant. Plaintiffs do not controvert KPMG’s assertion that Audit Associates must “writ[e] conclusions that clearly state the results of work performed and conclusions reached.” (Pls.’ 56.1 Counterst. ¶ 59e; Def.’s 56.1 Stm’t ¶ 59e.) Elsewhere in Plaintiffs’ Rule 56.1 counter-statement, however, they dispute that Audit Associates reach conclusions, either in more general statements regarding their use of judgment or with respect to particular procedures. And at least one of the plaintiffs contends that he personally never reached any conclusion during the course of carrying out auditing duties; Plaintiff Lambert testified, “We didn’t reach conclusions. We prepared whatever we were told to prepare and pass it on to seniors or above, and they would make conclusions and determinations.” (Lambert Dep. 122:2-5.) Plaintiff Pippins also testified that on one of his audits, he did not reach any “personal” conclusions regarding whether the counting and recording of inventory was properly performed and reviewed by the client’s management personnel, or whether the management’s control over the inventory reconciliation appeared to be operating effectively. (Pippins Dep. 152:4-23, 153:8-15.) But this does not appear to be his contention with respect to all procedures he performed. For example, in describing his work on substantive analytic procedures, Pippins testified that he used his own judgment to come to conclusions as to whether the actual balance reported by a company was reasonable in comparison to the “expectations,” and he documented those conclusions in the work papers he prepared. (Pippins Dep. 129:13-131:17,136:17-25.) More important, Plaintiffs take the position that Audit Associates do not exercise their own judgment to reach those conclusions. Plaintiffs testified that they did not exercise independent judgment in connection with the preparation of their work papers because the work papers they created as Audit Associates were simply the product of the performance of audit steps assigned to them, or because the work papers conformed to templates, or because the work papers and any conclusions contained therein were subject to review by more senior members of the audit team, who could alter any preliminary conclusions an Audit Associate might have reached. (See, e.g., Pls.’ 56.1 Counterst. ¶ 59d, 60a, 63.) Plaintiffs argue that this renders their work nothing more than the performance of rote tasks. (See id.) Indeed, Plaintiffs frequently describe the work they did as “rote”. For example, they assert that their work often involves “comparing or matching numbers on two documents” (for example, “comparing figures in the client’s invoices with the figures in the client’s financial statements”), “inputting numbers into spreadsheets”, or “taking detailed notes”. (Pls.’ 56.1 Counterst. ¶ 39b, 59c, 166.) KPMG, of course, asserts that characterizing these audit tasks as “rote” greatly oversimplifies the matter, since much of what auditors do is compare numbers with a skeptical eye. C. First-Year Audit Associate Responsibilities Plaintiffs have moved separately to have brand new Audit Associates recognized as non-exempt employees. The basis for their motion is their wholly unsurprising assertion that first-year Audit Associates are more likely to perform the less complicated auditing procedures than are their contemporaries who have a year or more of auditing experience. (See Pls.’ 56.1 Stm’t ¶ 187.) These procedures include inventory observation, control testing (including testing the design and effectiveness of controls; and walkthroughs), cash and cash equivalents; accounts receivable and related bad debts analysis; unrecorded liabilities; and confirmations. (Id. ¶ 159.) As brand new employees, first-year Audit Associates are not responsible for assessing the risk of material misstatement on their audits. (Id. ¶ 164.) Nor do first-year Audit Associates typically review the work papers of more senior engagement team members. (Id. ¶ 154.) Plaintiffs also contend that, in their first year, Audit Associates are unlikely to perform certain kinds of analytical procedures with respect to inventory — these involve an analysis of gross profit, “shrinkage ratio,” inventory levels, and various other aspects of reporting inventory. (Id. ¶ 161.) Many of the tasks that first-years perform are laid out in audit steps describing the procedures to be completed in gathering audit evidence. (Id. ¶ 155.) Although KPMG insists that first-year Audit Associates are likely to perform “substantive analytic” procedures as part of their work, and adds that Plaintiffs’ compendium of tasks commonly performed by first-years is far from complete, the firm does not deny that the less complicated auditing tasks fall disproportionately to first-year Audit Associates. (See Def.’s 56.1 Counterst. ¶ 159.) That is hardly surprising, because no reasonable trier of fact would or could conclude that KPMG turns over every function, or the most complicated functions, to a neophyte auditor. It is uncontroverted that, unless they are acting as the in-charge (which, as noted above, can happen but generally does not), first-year Audit Associates do not usually: determine the suitability of using substantive analytical procedures; design substantive analytical procedures; determine the acceptable amount of difference when performing a test of details; decide which sampling method to use; make decisions relating to how to test the operating effectiveness of controls; determine which control deficiencies are “material” and require reporting to management; or make the decision whether a walkthrough should be conducted. (Pls.’ 56.1 Stm’t ¶¶ 167-69, 171-72, 174.) When testing controls, they are also expected to consult with the in-charge about what to do when they find control deviations. (Id ¶ 173.) Eileen Walsh, KPMG’s expert witness on its training programs, testified that the audit issues addressed in the training course for second-year Associates were more complex than those addressed in the first-year training course. (Dep. of Eileen M. Walsh, May 22-23, 2012 (“Walsh Dep.”) 104:5-105:4.) KPMG also admits that its training courses on the topics of “professional skepticism” and “judgment” focus on more or less complex areas of an audit, depending on the experience level of the audit employees attending, which applies to the training of Senior Associates and Audit Associates, respectively. (Def.’s 56.1 Counterst. ¶ 187.) In other words, first-year Audit Associates are less experienced than second-year Audit Associates, and all Audit Associates are less experienced than Senior Associates — and they are treated as such. D. Supervision of Audit Associates More senior KPMG employees supervise Audit Associates throughout audit engagements, from the assignment of the work through the completion of the work, and all of their work is reviewed by a more senior member of the engagement team. (Pis.’ 56.1 Stm’t ¶ 133.) This kind of supervision and review is required by professional standards. (Id ¶ 131.) Section AU 311.31 of the GAAS standards states that “the work performed by each assistant, including the audit documentation, should be reviewed to determine whether it was adequately performed and documented and to evaluate the results, relative to the conclusions to be presented in the auditor’s report.” “Assistants” are defined in section AU 311.02 as any “firm personnel other than the auditor with final responsibility for the audit.” At KPMG, this means any audit employees that are not the lead “engagement” Partner, including Audit Associates, Senior Associates, Managers, Senior Managers and other Partners. (Def.’s 56.1 Counterst. ¶ 133.) Most of Audit Associates’ audit tasks are assigned to them by a Senior Associate (usually the in-charge), who monitors the status of their work, helps them decide which individual procedures to perform with respect to the audit program steps they have been assigned, and generally provides on-the-job training. (Pls.’ 56.1 Stm’t ¶¶ 114-18.) Senior Associates are supposed to make sure that Audit Associates understand the audit procedures they are assigned, including the reason that the procedure is being performed. (Id. ¶ 134.) KPMG tells its Audit Associates to raise any concerns that arise while performing audit procedures, such as inconsistencies or mistakes, with their in-charge. (Id. ¶ 119.) KPMG asserts that, in many eases, Audit Associates are expected to take independent follow-up steps with the client prior to elevating an issue, as well as propose solutions to the in-charge. (Def.’s 56.1 Counterst. ¶ 119.) E. Professional Standards Throughout all of the audit procedures, Audit Associates are expected to be on the lookout for errors in the client’s reporting or records, misstatements, and indications of fraud. (Def.’s 56.1 Stm’t ¶ 60b.) Professional standards require that all auditors, whether licensed as CPAs or not, (1) have the adequate technical training and proficiency as an auditor, (2) maintain “an independence in mental attitude” throughout all matters relating to an audit assignment, and (3) exercise “due professional care” in the performance of the audit and the preparation of the report. (Def.’s 56.1 Stm’t ¶¶ 8-9; AU § 150.02.) “Due professional care requires the auditor to exercise professional skepticism.” (Def.’s 56.1 Stm’t ¶ 11; AU § 316.13.) Professional skepticism “is an attitude that includes a questioning mind and a critical assessment of audit evidence” and “requires an ongoing questioning of whether the information and evidence obtained suggests that a material misstatement due to fraud has occurred.” (Def.’s 56.1 Stm’t ¶ 11; AU § 316.13.) Although more senior members of the team are ultimately responsible for the risk assessment on an audit, KPMG instructs its Audit Associates that they personally should be on the lookout for fraud risk factors throughout their work on an audit, and should not only rely on more senior auditors to ferret out these concerns. (Pls.’ 56.1 Stm’t ¶ 84; Def.’s 56.1 Stm’t ¶ 45.) Plaintiffs and Defendant agree on this point. The professional standards prescribe other tasks and duties, and in the interest of brevity, I highlight only one additional standard here. According to KPMG, while gathering and objectively evaluating evidence, Audit Associates are expected to consider the competency and sufficiency of the evidence. (Def.’s 56.1 Stm’t ¶ 63.) KPMG explains that this guidance is derived from professional standards, which prescribe that each member of the engagement team “use[ ] the knowledge, skill, and ability called for by the profession of public accounting to diligently perform, in good faith and with integrity, the gathering and objective evaluation of evidence. ” AU § 230 (emphasis added). This requires “a questioning mind and a critical assessment of audit evidence.” Id. (emphasis added). KPMG also instructs its Audit Associates to consider audit quality, which includes (among other things), “the quality of audit documentation placed on file and the support for conclusions reached,” “the pervasiveness of audit evidence gathered,” and “compliance with professional standards and KAM in completing audit engagements.” (Def.’s 56.1 Stm’t ¶ 60a.) Although (as has been chronicled above), Plaintiffs characterize their work as rote and non-judgmental, they do not dispute that the professional standards apply no less to Audit Associates than they do to more senior members of the engagement team. DISCUSSION I. Standard of Review A party is entitled to summary judgment when there is “no genuine issue as to any material fact” and the undisputed facts warrant judgment for the moving party as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). On a motion for summary judgment, the court must view the record in the light most favorable to the nonmoving party and draw all reasonable inferences in its favor. Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The moving party has the initial burden of demonstrating the absence of a disputed issue of material fact. Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once such a showing has been made, the nonmoving party must present “specific facts showing a genuine issue for trial.” Fed.R.Civ.P. 56(e). The party opposing summary judgment “may not rely on conclusory allegations or unsubstantiated speculation.” Scotto v. Almenas, 143 F.3d 105, 114 (2d Cir.1998). Moreover, not every disputed factual issue is material in light of the substantive law that governs the case. “Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude summary judgment.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505. To withstand a motion for summary judgment, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586, 106 S.Ct. 1348. Instead, sufficient evidence must exist upon which a reasonable jury could return a verdict for the nonmoving party. Summary judgment is designed to flush out those cases that are predestined to result in directed verdict. Lightfoot v. Union Carbide Corp., 110 F.3d 898, 907 (2d Cir.1997). II. The FLSA and Exemptions Thereto Under the FLSA, certain employees must be compensated “at a rate not less than one and one-half times” their regular wages for every hour worked over forty in a single workweek. 29 U.S.C. § 207(a)(1). Certain categories of employees, however, are exempt from this requirement, including employees employed in a “bona fide executive, administrative or professional capacity.” 29 U.S.C. § 213(a)(1). If an employee falls within one of these three categories, he or she is not eligible for overtime pay. The United States Supreme Court recently explained why Congress chose to exempt certain classes of employees from the FLSA’s overtime requirements: The exemption is premised on the belief that exempt employees “typically earned salaries well above the minimum wage” and enjoyed other benefits that “se[t] them apart from the nonexempt workers entitled to overtime pay.” It was also thought that exempt employees performed a kind of work that “was difficult to standardize to any time frame and could not be easily spread to other workers after 40 hours in a week, making compliance with the overtime provisions difficult and generally precluding the potential job expansion intended by the FLSA’s time-and-a-half overtime premium.” Petitioners — each of whom earned an average of more than $70,000 per year and spent between 10 and 20 hours outside normal business hours each week performing work related to his assigned portfolio of drugs in his assigned sales territory — are hardly the kind of employees that the FLSA was intended to protect. And it would be challenging, to say the least, for pharmaceutical companies to compensate detailers for overtime going forward without significantly changing the nature of that position. Christopher v. SmithKline Beecham Corp., — U.S. -, 132 S.Ct. 2156, 2173, 183 L.Ed.2d 153 (2012) (quoting Preamble 22124) (other internal citations omitted). Although SmithKline dealt with a different exemption than the ones at issue in this case (the exemption for sales personnel), the principles it announces are equally applicable to the FLSA’s other exemptions. Executive, administrative and professional employees typically earn well above the minimum wage and often perform types of work that can neither be standardized into a time frame nor easily passed off to others if not completed within eight hours a day or forty hours a week (as contrasted with, say, a waiter or an assembly line worker). The Secretary’s guidance on the issue, on which the Supreme Court relied, applied uniformly to all of those exemptions. KPMG asserts that Audit Associates qualify for both the “professional” and the “administrative” exemptions, although it moves for summary judgment only under the “professional” standard. Plaintiffs cross-move for summary judgment on the administrative exemption issue, but since any one exemption removes an employee from the ambit of the statute — and since I conclude that Audit Associates are exempt from the FLSA as “learned professionals” — it is unnecessary to reach the issue of whether they also qualify for the administrative exemption. Plaintiffs’ cross motion on this issue is, therefore, denied as moot. III. The Professional Exemption Congress did not define the term “professional,” but delegated authority to the Secretary of Labor to do so by regulation. 29 U.S.C. § 213(a)(1). The Secretary’s regulations have the force of law and are to be given “controlling weight unless they are found to be arbitrary, capricious, or manifestly contrary to the statute.” Freeman v. Nat’l Broad. Co., Inc., 80 F.3d 78, 82 (2d Cir.1996). Because the FLSA is a remedial law, its exemptions are to be “narrowly construed against the employers seeking to assert them and their application limited to those [cases] plainly and unmistakably within their terms and spirit.” SmithKline, 132 S.Ct. at 2172 (quoting Arnold v. Ben Kanowsky, Inc., 361 U.S. 388, 392, 80 S.Ct. 453, 456, 4 L.Ed.2d 393 (I960)); Reiseck v. Universal Comm’n of Miami, Inc., 591 F.3d 101, 104 (2d Cir.2010). As a result, “The employer has the burden of proving that the employee clearly falls within the terms of the exemption.” Young v. Cooper Cameron Corp., 586 F.3d 201, 204 (2d Cir.2009). A job title is not determinative of whether an employee is exempt under the FLSA. Kadden v. VisuaLex, No. 11 Civ. 4892, 910 F.Supp.2d 523, 532-33, 2012 WL 4354781, at *5 (S.D.N.Y. Sep. 24, 2012); 29 C.F.R. § 541.2. Also, “Whether an employee is exempt is determined by the employee’s actual work activities, not by the employer’s characterization of those activities through a job title or job description.” Cooke v. Gen. Dynamics Corp., 993 F.Supp. 56, 61 (D.Conn.1997) (citing Goldstein v. Dabanian, 291 F.2d 208, 209 (3d Cir.1961), cert. denied, 368 U.S. 928, 82 S.Ct. 364, 7 L.Ed.2d 191 (1961)). The determination of exempt or nonexempt status turns on two factors: the employee’s salary and his/her actual duties at work. See 29 C.F.R. § 541.2. “The question of how [an employee] spent [his] working time ... is a question of fact.” Icicle Seafoods, Inc. v. Worthington, 475 U.S. 709, 714, 106 S.Ct. 1527, 1530, 89 L.Ed.2d 739 (1986). However, whether an employee’s “particular activities exclude [him] from the overtime benefits of the FLSA is a question of law.” Id. There is no dispute that Plaintiffs earn far more than is needed to fall within the professional exemption. To qualify for that exemption, an employee must be compensated, on a salary or fee basis (rather than an hourly basis), at a rate of not less than $455 per week. 29 C.F.R. § 541.300(a)(1). Audit Associates were paid in an amount substantially in excess of the statutory minimum, at a rate of approximately $41,000 to $64,000 per year. (Def.’s 56.1 Stm’t ¶¶ 22-23.) Plaintiffs say that that they do not know whether Audit Associates were compensated on a “salary basis” — by which I assume they mean, not on an hourly wage basis — but that is nonsense, since Plaintiffs were themselves Audit Associates and know perfectly well whether they were paid on a salaried as opposed to hourly rate basis. See CFR § 541.602; (Pis. 56.1 Counterst. ¶¶ 22-23.) But the issue is of little moment, since the gross amount of money earned by Plaintiffs puts them well outside the ambit of persons the FLSA was intended to protect — at the lowest end they earned $800 a week. So the only question before the court is whether it is undisputed that the “primary duty” of Audit Associates is the “performance of exempt work.” See 29 C.F.R. § 541.300, 541.700(a). KPMG asserts that Audit Associates are exempt employees under the “learned professional” exemption. To qualify as a “learned professional,” an employee’s “primary duty” must be the performance of (1) “work requiring advanced knowledge” (2) “in a field of science or learning” (3) that is “customarily acquired by a prolonged course of specialized intellectual instruction.” 29 C.F.R. § 541.301(a). “Primary duty” means “the principal, main, major or most important duty that the employee performs” and is determined based on “all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole.” 29 C.F.R. § 541.700(a). Factors to consider in determining an employee’s primary duty include, but are not limited to (1) “the relative importance” of exempt duties compared to other types of duties; (2) “the amount of time spent performing exempt work”; (3) “the employee’s relative freedom from direct supervision”; and (4) the employee’s salary as compared to the wages of other employees for performing the same kind of nonexempt work as the employee. Id. The first two factors tend to conflate, because when an employee performs both exempt and non-exempt work (as Audit Associates plainly do, see below), the amount of time spent performing exempt work can be a “useful guide” in deciding whether the exempt work is in fact the employee’s “primary duty.” See 29 C.F.R. § 541.700(b). “Employees who spend more than 50 percent of their time performing exempt work will generally satisfy the primary duty requirement.” Id. However, the opposite is not necessarily true; employees “who do not spend more than 50 percent of their time performing exempt duties may nonetheless meet the primary duty requirement if the other factors support such a conclusion.” Id. Plaintiffs do not dispute that accounting qualifies as a “field of science and learning,” the second prong of the primary duty test. Nor could they, since Section 541.301 of the Secretary’s regulations provides that the phrase “field of science or learning” includes the “traditional professions of law, medicine, [and] accounting” (among others). Plaintiffs do, however, urge that Audit Associates are not required to have “ad vanced knowledge” of accounting that is “customarily acquired by a prolonged course of specialized intellectual instruction” in order to perform their jobs. See 29 C.F.R. § 541.301(a)(1), (a)(3) (emphasis added). I will discuss these criteria in reverse order. Pursuant to the regulations: The phrase “customarily acquired by a prolonged course of specialized intellectual instruction” restricts the exemption to professions where specialized academic training is a standard prerequisite for entrance into the profession. The best prima facie evidence that an employee meets this requirement is possession of the appropriate academic degree. However, the word “customarily” means that the exemption is also available to employees in such professions who have substantially the same knowledge level and perform substantially the same work as the degreed employees, but who attained the advanced knowledge through a combination of work experience and intellectual instruction. Thus, for example, the learned professional exemption is available to the occasional lawyer who has not gone to law school, or the occasional chemist who is not the possessor of a degree in chemistry. However, the learned professional exemption is not available for occupations that customarily may be performed with only the general knowledge acquired by an academic degree in any field, with knowledge acquired through an apprenticeship, or with training in the performance of routine mental, manual, mechanical or physical processes. 29 C.F.R. § 541.301(d). Although the Second Circuit has not opined on the issue, other circuits have made it clear that “specialized academic training” is necessary to meet the educational requirements of the learned professional exemption, and that knowledge— even advanced knowledge — derived from a general education is not sufficient. See, e.g., Fife v. Harmon, 171 F.3d 1173, 1177 (8th Cir.1999); Dybach v. State of Florida Dept. of Corrections, 942 F.2d 1562, 1565-66 (11th Cir.1991) (holding that probation officers who were required to have a bachelor’s degree in any field, including “nuclear physics” or “basketweaving” did not qualify for the “learned professional exemption”). However, “in situations in which applicants are required to complete a particular course of instruction directly related to a position, even if they do not have a specific degree, courts have concluded that the ‘learned professional exemption’ is applicable.” Solis v. Washington, 656 F.3d 1079, 1085 (9th Cir.2011); see also Owsley v. San Antonio Indep. Sch. Dist., 187 F.3d 521, 525 (5th Cir.1999), cert. denied, 529 U.S. 1020, 120 S.Ct. 1423, 146 L.Ed.2d 314 (2000) (state-licensed athletic trainers were exempt professionals, where they were required to have a bachelor’s degree in any field and to complete fifteen credit-hours in specific courses related to their professional duties); Reich v. Wyoming, 993 F.2d 739, 741, 743 (10th Cir.1993) (game wardens who were required to have a bachelor’s degree in wildlife management, wildlife biology, or a closely related field, as well as basic law enforcement training, were “learned professionals”). No reasonable trier of fact could possibly conclude that Audit Associates do not meet the requirements of the regulation. Plaintiffs argue that Audit Associates do not meet the requirement of “specialized academic training” because (1) KPMG does not require every incoming Audit Associate to be CPA-eligible and (2) Audit Associates learn everything they need to know to perform audit work through KPMG’s training programs and on-the-job training. The first argument is belied by both the language of the regulation and by the evidence in the record, which is so overwhelmingly in KPMG’s favor that Plaintiffs fail to raise any genuine issue of fact. It is undisputed that the vast majority of persons who are hired by KPMG to be Audit Associates hold a Bachelor’s degree in accounting or a related business field. Almost half of those hired to the position of Audit Associate have a Master’s degree in one of those fields! And nearly everyone hired as an Audit Associate — even those who did not major in accounting or business — -has taken enough accounting and business courses to be eligible to sit for the Certified Public Accounting examination in his/her state of employment. In other words, as a matter of corporate policy, KPMG routinely requires Audit Associates to have the same, or almost the same, educational background as fully licensed CPAs — and CPAs are considered to be “le