Here are some basic guidelines about exempt . 29 USC 213 (a) (1). In regards to the exempt status of teachers, would this include a Charter School teacher or are Charter schools treated differently? A "teacher" is exempt under the FLSA 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. 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. Technology is the intersection of an enhanced employee experience and proactive HR. .usa-footer .grid-container {padding-left: 30px!important;} A: Schools and institutions of higher education are generally covered by the FLSA's minimum wage and overtime provisions. The regs indicate the best prima facie evidence that an employee meets this requirement is possession of the appropriate academic degree. Graduate Teaching Assistants. OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants) (a) University or college students who participate in activities generally recognized as extracurricular are generally not considered to be employees within the meaning of the Act. Coffield PLC provides aggressive and personalized legal representation to individual employees and groups of employees in Virginia and North Carolina. 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. The DOLs implementing regulations with respect to the professional employee exemption are generally located at 29 CFR 541.300-304. Because they qualify for the teacher exemption, they are not subject to the salary basis and salary level tests. Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. Several states, including Illinois, have recognized graduate student unions at state universities. The employees primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. Nonexempt employees are entitled to be paid at least $7.25 per hour and be paid at least one and one-half (1.5) times the employee's regular hourly rate for work performed in excess of forty (40) hours per workweek. .cd-main-content p, blockquote {margin-bottom:1em;} The employees compensation must satisfy the above-referenced salary basis and salary level tests; The employees primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employers customers; and. The final rule is available at: https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and. Use these briefs to help determine and justify how your employees meet the requirements. With very few exceptions, teachers cannot . The employee must satisfy the above-referenced salary basis and salary level tests or receive a salary of at least the entrance salary for teachers in the same educational establishment; and. See 29 U.S.C. The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. The regulations specifically provide that the minimum salary is "exclusive of board, lodging or other facilities," meaning that any such benefits cannot be counted toward the $913 minimum. Exempt employees are those whose duties and responsibilities exempt them from statutory overtime pay provisions. 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. Elementary and secondary schools include day or residential schools that provide elementary or secondary education, as determined under state law. Exercise discretion and independent judgment in the performance of . 29 CFR 541.302(d). 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. This means that they are not exempt from (and therefore should receive) overtime pay. For example, of the FLSA, a.k.a. 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 . As explained in the regs, this requirement generally is met by actors, musicians, composers, conductors, and soloists; painters who at most are given the subject matter of their painting; cartoonists who are merely told the title or underlying concept of a cartoon and must rely on their own creative ability to express the concept; essayists, novelists, short-story writers and screen-play writers who choose their own subjects and hand in a finished piece of work to their employers (the majority of such persons are, of course, not employees but self-employed); and persons holding the more responsible writing positions in advertising agencies. The short answer is "no." Teachers are exempt from the federal Fair Labor Standards Act. The job assignment, work schedule and duration of the position will be determined on an individual basis. After all, teaching may include instructing student-athletes in how to perform their sport. Employees who work in higher education but whose work does not relate to the educational field (such as work in general business operations) do not qualify as exempt academic administrative employees. The professional employee exemption is made up of three different categories: creative professional. As co-chair of the firms Labor and Employment Practice Group, Bill is particularly versed in all aspects of state and federal law relating to minimum wages, overtime, exemptions, and wage payment issues. The following, however, are examples of students who often receive a salary or other non-hourly compensation: An employment relationship will generally exist when a student receives compensation and his or her duties are not part of an overall education program. An official website of the United States government. 106-F Melbourne Park Circle Charlottesville, VA 22901 At the time you are hired or transferred to a new position, you are classified as a regular full-time, regular part-time, short-term, or temporary employee. 541.303. The Department of Labor is also an excellent resource for information about the professional employee exemption. Exempt employees are legally exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.