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Before sharing sensitive information, make sure youre on a federal government site. This primary duty test has three elements: The employee must perform work requiring advanced knowledge; The advanced knowledge must be in a field of science or learning; and. The exemption would therefore ordinarily apply, for example, to a part-time faculty member of an educational establishment whose primary duty is to provide instruction through online courses to remote non-credit learners. 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. The guidance notes that the salary level and salary basis requirements for the white collar exemption do not apply to bona fide teachers. Whether the exemption applies, therefore, must be determined on a case-by-case basis. Student employees hold positions reserved only for university students. .manual-search-block #edit-actions--2 {order:2;} In addition, the administrative personnel that help run higher education institutions and interact with students outside the classroom, such as department heads, academic counselors and advisors, intervention specialists and others with similar responsibilities are subject to a special salary threshold that does not apply to white-collar employees outside of higher education. 206 (a), 207 (a). Parts of this site may be considered attorney advertising. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. Under federal tax law, a University employee who receives a graduate school tuition waiver in excess of $5,250 in a calendar year must treat the excess amount as additional . The following are exclusions from this rule: a) Coaches are exempt from OT if they hold a fulltime teaching position as their main job .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Determination of an employees primary duty is based on all the facts in a particular case, with the major emphasis on the character of the employees job as a whole. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Use these briefs to help determine and justify how your employees meet the requirements. To qualify for a white collar exemption, employees must be paid on a salary basis at not less than $684 per week (as of January 1, 2020) and have job duties that satisfy certain requirements. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants) This site is intended to provide general information only. In California, for example, non-exempt employees must be paid overtime if they work more than eight hours in a single day. In addition, whether . The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. For example, depending on the circumstances and levels of academic study, degrees, and certification, registered or certified medical technologists, registered nurses, dental hygienists, physician assistants, certified public accountants, executive or sous chefs, athletic trainers, and licensed funeral directors and embalmers may meet the duties requirement for the learned professional exemption. There are three general types of exempt professional employees: learned professionals, creative professionals, or teaching professionals. Sections 3 through 12 of the Orders (3 through 11 for Order 16-2001) do not apply. Again, whether an employee satisfies the duties test for these exemptions depends on the employees actual job duties, not just the employees job title. Journalists are not exempt creative professionals if they only collect, organize and record information that is routine or already public, or if they do not contribute a unique interpretation or analysis to a news product. Notably, there are specific regulatory provisions for certain administrative employeesknown as academic administrative employeeswhose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment. Practical HR Tips, News & Advice. Temporary employees working at AACPS accrue paid leave if they work at least 24 hours in a pay period. Instead, they are not eligible for overtime if they are paid at least as much as the entrance salary for teachers at their institution. Teaching Assistant. Therefore, . Please review the non-student hourly OPS employment policy to ensure compliance. The common categories of school employees with non-exempt job duties are teacher's aides, safety and security officers, custodians, receptionists, cafeteria workers, secretaries, bus drivers, maintenance workers, bookkeepers, media assistants, nurses without an RN and non-certified athletic trainers. Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which, as of January 1, 2020, 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. . Reporters also do not qualify as exempt creative professionals if their work product is subject to substantial control by the employer. The exemption could likewise apply, for example, to an agricultural extension agent who is employed by an educational establishment to travel and provide instruction to farmers, if the agents primary duty is teaching, instructing, or lecturing to impart knowledge. Professional Employee OvertimeExemption Frequently Asked Questions (FAQ) Both federal law (Fair Labor Standards Act or FLSA) and state law (New York Minimum Wage . Teachers are exempt 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. . To qualify for the learned professional employee exemption, all of the following tests must be met: The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. If you have questions about any particular issue or problem, you should contact your attorney. The regs indicate the best prima facie evidence that an employee meets this requirement is possession of the appropriate academic degree. Save my name, email, and website in this browser for the next time I comment. For example, of the FLSA, a.k.a. which permits deductions from pay of exempt employees if they are "made for unpaid disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace conduct rules" and are "imposed pursuant to a written policy applicable to all employees." 29 C.F.R. However, titles are not controlling. Exercise discretion and independent judgment in the performance of . Educational establishments include elementary school systems, secondary school systems, institutions of higher education, and other educational institutions. The duties test is where things start to get complicated. 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). An employee, other than a substitute teacher/substitute educational assistant, who is regularly scheduled to work at least 30 hours per week, is considered a regular full-time employee. 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 higher education, employees eligible for the professional exemption are often either teachers (as discussed above) or learned professionals (as described below). Primary duty means the principal, main, major or most important duty that the employee performs. Advanced knowledge cannot be attained at the high school level. Parts of this site may be considered attorney advertising. Do we need to either raise it to $47,476 or start tracking hours? Postdoctoral researchers in the sciences are not covered by the teaching exemption. 6400 Uptown Blvd. Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. FLSA Overview. Professional is defined by NRS 608.0116 as "an employee who is licensed or certified by the . @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} 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. However, journalists may qualify as exempt creative professionals if their primary duty is performing on the air in radio, television or other electronic media; conducting investigative interviews; analyzing or interpreting public events; writing editorials, opinion columns or other commentary; or acting as a narrator or commentator. However, private schools and public schools are not uniform in requiring a certificate for employment as an elementary or secondary school teacher, and a teachers certificate is not generally necessary for employment in institutions of higher education or other educational establishments. Work Schedule 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. Effective January 1, 2018, part-time private school teachers can be deemed exempt employees if - in addition to satisfying all other requirements of Labor Code Section 515.8 - they meet a pro-rated minimum salary threshold. The key difference between exempt and non-exempt employees is that non-exempt workers are entitled to certain protections under the Fair Labor Standards Act, a federal law that sets minimum wage and overtime requirements. The salary and salary basis requirements do not apply to bona fide teachers. 29 CFR 541.302(c). Layoff rights do not apply. Exempt employees are legally exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act. Teachers include, for example, regular academic teachers, kindergarten or nursery school teachers, teachers of gifted or disabled children, professors, adjunct instructors, teachers of skilled and semi-skilled trades and occupations, home economics teachers, vocal or instrument music teachers, and under certain circumstances, athletic coaches and assistant coaches. Coffield PLC provides aggressive and personalized legal representation to individual employees and groups of employees in Virginia and North Carolina. Before sharing sensitive information, make sure youre on a federal government site. Overtime for Non-exempt Employees: Non-exempt staff must record all hours worked, including overtime hours, and will receive additional pay for overtime. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Implementing changes. The term educational establishment is defined in. laboratory instructors, course assistants, practice teaching supervisors), but who do not hold faculty rank. (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 . Determination of an employees primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employees job as a whole. Teaching Assistant . The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. 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. Thank you for your inquiry regarding the exempt status of teachers under the new overtime regulations. If you have questions about any particular issue or problem, you should contact your attorney. Here's how it works: If, for example, the calculation of the minimum salary threshold for a particular private . Categories of exempt employees at Smith College include the following: . Drive Your Organization Forward While Empowering Employees, 4 HR Trends to Support Employees in 2023 and Beyond, Amplifying Employee Behavioral Health Through Primary Care. Employees in certain types of jobs are entitled to overtime pay for hours worked in excess of forty (40) hours per work week. Albuquerque NM 87125-0704, APS Administration All rights reserved. The salary and salary basis requirements do not apply to bona fide teachers. Head coaches are generally exempt as "teachers." Assistant coaches may be "teachers," but it depends on their actual duties. 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. 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). Bill is a partner at Franczek P.C. Postdoctoral fellows, who conduct research at a higher education institution after completing their doctoral studies, likewise generally meet the duties requirements of the learned professional exemption, and they may additionally qualify for the teacher exemption if teaching is their primary duty. Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing. Band directors would qualify under the teacher exemption and are not subject to the rules change. Ready, set, grow:The building blocks for high-impact talent mobility will help you better understand your employees expectations around internal development and what your leaders must do to succeed. Teaching Professional Employees - FLSA Exemptions. .usa-footer .grid-container {padding-left: 30px!important;} If an employee's primary duty is teaching, he or she is exempt from the salary requirement. Further complicating matters, there is an ongoing pitched battle over whether graduate assistants, teaching assistants and similar student employees should be considered employees permitted to form unions under state and federal labor law. Federal government websites often end in .gov or .mil. 541.204. NE, Suite 200 EastAlbuquerque 87110Map(505) 880-3700, U.S. Department of LaborEmployee Standards Administration, Wage and Hour Division1-866-4US-WAGE (1-866-487-9243)TTY: 1-877-889-5627, Physical Address: Students who perform work that does not directly relate to the institutions program of instruction may be regarded as employees and entitled to minimum wage and overtime even if they are classified as non-employee graduate or undergraduate assistants. An employee who holds the requisite academic degree for the general practice of medicine is also exempt if he or she is engaged in an internship or resident program for the profession. Advanced knowledge cannot be attained at the high school level. 29 CFR 541.303(c), State Laws Federal Laws Topics Articles Resources, FLSA Minimum Wage and Overtime Exemptions, Impact of Responsibility for Extracurricular Activities.