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The short answer is "no." Teachers are exempt from the federal Fair Labor Standards Act. Section 13(a)(1) and Section 13(a)(17) also exempt certain categories of computer employees. Teachers who possess a teaching certificate generally qualify for the exemption regardless of the terminology (e.g., permanent, conditional, standard, provisional, temporary, emergency, or unlimited) used by the State to refer to different kinds of certificates. A teacher is exempt if his or her primary duty is teaching, tutoring, instructing, or lecturing to impart knowledge, and if he or she is performing that duty as an employee of an educational establishment. Updated Daily. The professional employee exemption is also available to teachers, if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment. See other fact sheets in this series for more information on the exemptions for executive, administrative, computer and outside sales employees, and for more information on the salary basis requirement. The teachers who would benefit most from ending the specific teaching exemption are women (24.8% of all women teachers would benefit), teachers of color (28.0% would benefit . @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} (i) Comparison shopping performed by an employee of a retail store who merely reports to the buyer the prices at a competitor's store does not . The employees primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. The employees primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. Exempt teachers include, but are not limited to: Regular academic teachers; teachers of kindergarten or nursery school; teachers of gifted or disabled children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft flight instructors; home economics teachers; and vocal or instrumental music instructors. All rights reserved. 541.303. 29 U.S.C. The law specifically distinguishes teaching assistant and graduate assistant positions which qualify for the FICA exemption (provided that the above half-time standards are satisfied). Student assistants who are unionized or who are otherwise recognized as employees by a college or university for other purposes should be treated as such for purposes of minimum wage and overtime compliance. However, because some educational establishments do not require teachers to possess a license or certificate, possessing a teaching license or certificate is not necessary for a teacher to qualify for the professional exemption. Part 541, as applied to professional employees. P.O. Other Personal Services (OPS) pay plan is at-will temporary employment. Therefore, exempt workers do not receive overtime pay and their weekly pay stays the same even if they work fewer than 40 hours in a week. This fact sheet provides information on the exemption from minimum wage and overtime pay provided by Sections 13(a)(1) of theFLSAas defined by Regulations,29 C.F.R. Parts of this site may be considered attorney advertising. . Whether the exemption applies, therefore, must be determined on a case-by-case basis. 206 (a), 207 (a). Depending upon the category of work, OPS employees are subject to a 4,176-hour threshold, the equivalent of 2 years of employment at 1.0 FTE. Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which must include at least $684* per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption. 29 CFR 541.601. Please review the non-student hourly OPS employment policy to ensure compliance. We have been treating them as exempt employees, as they are teachers. The regulations do not restrict where bona fide teaching may take place, to whom the knowledge can be imparted, or how many hours a teacher must work per week to qualify for the exemption. Exempt employees are legally exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act. Employees in certain types of jobs are entitled to overtime pay for hours worked in excess of forty (40) hours per work week. Exercise discretion and independent judgment in the performance of . Graduate Teaching Assistant - Exempt. The information you obtain at this site is not legal advice and does not create an attorney-client relationship between you and attorney Tim Coffield or Coffield PLC. part 541 with an effective date of January 1, 2020. However, the law contains several exceptions or exemptions from these requirements, most of which turn on a combination of the employees pay and the nature of their job duties. Residence Hall Directors Under The New FLSA Exemption Rules, Coaches and Athletic Trainers Under the New FLSA Rules, 11th Circuit "Tweaks" Test For Whether Interns Are Employees, Chapter 10 of the U.S. Department of Labors Field Operations Handbook, New DOL Rule Adds Civil Penalties for Taking Employee Tips, Even High Earning Supervisors Can Be Entitled to Overtime, Illinois More than Doubles Penalties for Wage & Hour Violations, Pay Me Now, or Pay Me Later? are generally considered employees under the Act. The specific requirements for exemption as a bona fide professional employee are summarized below. For example, of the FLSA, a.k.a. . Advanced knowledge cannot be attained at the high school level. In addition, whether . 29 USC 213 (a) (1). Wages Paid for Anticipated Overtime are Excludable from Employees Regular Rate. performed after 40 hours per week. Finally, public universities or colleges that qualify as a public agency under the FLSA may compensate overtime-eligible employees through the use of compensatory time off in lieu of cash overtime premiums. In Section 10b18, the manual states the following: In some cases graduate students in colleges and universities are engaged in research in the course of obtaining advanced degrees and the research is performed under the supervision of a member of the faculty in a research environment provided by the institution under a grant or contract. 29 CFR 541.303(b). To qualify for a white collar exemption, employees must be paid on a salary basis at not less than $684 per week (. ) According to the Fair Labor Standards Act passed in 1938, teachers are designated as salaried employees. Therefore, a teacher who is not certified may be considered for exemption, provided that such individual is employed as a teacher by the employing school or school system. DOL has been working closely with NIH and NSF regarding their mutual interest in this area. Because the case was settled, the court never reached a judgement as to whether the students who received stipends were employees entitled to minimum wage and overtime under the FLSA. 20. When determining whether a college or university is a political subdivision, the Department considers whether (1) the State directly created the entity, or (2) individuals administering the entity are responsible to public officials or the general electorate. Graduate Teaching Assistants. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. Having a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge includes, by its very nature, exercising discretion and judgment. For example, students who work at food service counters, sell programs or usher at events, or wash dishes in dining halls and anticipate some compensation (for example, money or meals) are generally considered employees entitled to minimum wage and overtime compensation. Journalists may satisfy the duties requirements for the creative professional exemption if their primary duty is work requiring invention, imagination, originality or talent (as opposed to work which depends primarily on intelligence, diligence and accuracy). If the public university or college qualifies as a public agency, non-exempt employees generally may not accrue more than 240 . Elementary and secondary schools include day or residential schools that provide elementary or secondary education, as determined under state law. (505) 855-9040 (7)(a) All presidents, business managers, administrative officers, superintendents, assistant superintendents, principals, deans, assistant deans, instructors, teachers, and such employees as are engaged in educational or research duties connected with the public school system, colleges, and universities, as determined by the governing body of . Save my name, email, and website in this browser for the next time I comment. The salary and salary basis requirements do not apply to bona fide teachers. If you do not have to file return, send Form 8843 to the Department of . Exempt teachers include, but are not limited to, regular academic teachers; kindergarten or nursery school teachers; teachers of gifted or disabled children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft flight instructors; home economics teachers; and vocal or instrument music teachers. Many of those openings are expected to result from the need to replace workers who transfer to . For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). Exempt Employees (Schedule E1) Exempt Employees (Schedule E2) OCSEA Employees. are teacher assistants exempt employees. It is also worth noting that exemption status under the FLSA usually requires that the employee receive pay of at least $684.00 each week to qualify. Here's how it works: If, for example, the calculation of the minimum salary threshold for a particular private . .manual-search-block #edit-actions--2 {order:2;} Teaching Assistant . There are three general types of exempt professional employees: learned professionals, creative professionals, or teaching professionals. ol{list-style-type: decimal;} Drive Your Organization Forward While Empowering Employees, 4 HR Trends to Support Employees in 2023 and Beyond, Amplifying Employee Behavioral Health Through Primary Care. USF has tentatively agreed to pay up to $2,762.00 of the annual premium for eligible GAs with at least a .25 FTE. The regs make this distinction where the knowledge involved in a mechanical arts or skilled trades could be of a fairly advanced type, but is not in a field of science or learning. This article was also published to TimCoffieldAttorney.net. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. If a bona fide teacher meets this duty requirement, the salary level and salary basis tests do not apply. Advertising material. In 2014, Bill was named to the annual 40 Under 40 published by Law Bulletin Publishing which recognizes 40 attorneys under the age of 40 based on nominations by their clients, peers and the legal community. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. Primary duty means the principal, main, major or most important duty that the employee performs. Public universities or colleges that qualify as a public agency under the FLSA may compensate nonexempt employees with compensatory time off (or comp time) in lieu of overtime pay. Advanced knowledge cannot be attained at the high school level. Section 13(a)(1) and. The term educational establishment is defined in 29 CFR 541.204(b). also exempt certain categories of computer employees. 1. The following are exclusions from this rule: a) Coaches are exempt from OT if they hold a fulltime teaching position as their main job DRFIn a word, no. And although the FLSA has evolved since its passage in 1938, one thing remains the same - employers must classify their . Bill also regularly counsels. Again, whether an employee satisfies the duties test for these exemptions depends on the employees actual job duties, not just the employees job title. Were trying to verify that teachers are exempt when it comes to new overtime regulations? 213(a)(1), provides an exemption from both minimum wage and overtime pay for certain categories of so-called white collar employees namely, employees working as bona fide executive, administrative, professional, or outside sales employees. A: Schools and institutions of higher education are generally covered by the FLSA's minimum wage and overtime provisions. Based on this information, it appears the teaching fellow in your inquiry would not be subject to the new salary requirement if he or she is a bona fide teacher as outlined above. Also, for purposes of the exemption, no distinction is drawn between public and private schools, or between those operated for profit and those that are not for profit. 29 CFR 541.303(d). Band directors would qualify under the teacher exemption and are not subject to the rules change. In addition, you are classified as non-exempt or exempt in accordance with the Fair Labor Standards Act (FLSA) and applicable state law. If you would like to request a consultation with attorney Tim Coffield, you may call 1-434-218-3133 or send an email to info@coffieldlaw.com.