Graduate assistants may hold 9.5 (generally used for graduate teaching assistants) or 12 month (generally used for administrative or research assistants) appointments. Graduate Teaching Assistant - Exempt. . 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. 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. All student employees, except for selected graduate student employees, are non-exempt and are subject to FLSA overtime provisions. 29 CFR 541.303(a), A teachers who possess a teaching certificate or license and engages in teaching as required qualifies for the exemption regardless of the type of license possessed ( e.g., permanent, conditional, standard, provisional, temporary, emergency, or unlimited). Yet some student employees are clearly exempt under the act, it says -- namely graduate teaching assistants whose primary duty is teaching. In October 2019, the U.S. Department of Labor (DOL) announced changes to the Fair Labor Standards Act (FLSA) requirements for an employee to be considered exempt with regard to the application of minimum wage and overtime requirements, an issue relevant to the use by high school athletics and activities programs of non-exempt school employees as coaches, support . A: Schools and institutions of higher education are generally covered by the FLSA's minimum wage and overtime provisions. Exempt vs. non-exempt employee status is determined by three tests. The regs define work requiring advanced knowledge as work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. Professional work is therefore distinguished from work involving routine mental, manual, mechanical or physical work. Substitute Teachers/Substitute Educational Assistants hired to substitute for licensed teachers or educational assistants on an as-needed basis are not entitled to receive benefits or leave unless specifically stated. The information you obtain at this site is not legal advice, is not intended to be legal advice, and does not create an attorney-client relationship. Nevada exempts professional employees from its overtime requirements. 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. An "exempt" position is not eligible for overtime pay. US Department of Labor Releases New Fact Sheet for Higher Ed on Paid leave for temporary employees is accrued at the rate of one (1) hour for every 30 hours worked in a pay period. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Overtime for Non-exempt Employees: Non-exempt staff must record all hours worked, including overtime hours, and will receive additional pay for overtime. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} See29 C.F.R. Frequently Asked Questions about the FLSA Rules Changes If you have questions about any particular issue or problem, you should contact your attorney. Exempt Employees (Schedule E1) Exempt Employees (Schedule E2) OCSEA Employees. However, non-exempt workers may earn even higher wages . The employees primary duty must be the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. Again, whether an employee satisfies the duties test for these exemptions depends on the employees actual job duties, not just the employees job title. .manual-search-block #edit-actions--2 {order:2;} The category is used to classify which employees are exempt . 29 CFR 541.303(d), Educational establishments include elementary or secondary school systems, an institutions of higher education, or other educational institutions. Customarily and regularly means a frequency that must be greater than occasional but which may be less than constant. It includes work normally and recurrently done every workweek; it does not include isolated or one-time tasks. A: Schools and institutions of higher education are generally covered by the FLSAs minimum wage and overtime provisions. Work Schedule The professional employee exemption is made up of three different categories: The professional exemption applies to employees who: There are no minimum salary requirements for the teaching professional exemption. California Professional Exemption (2022) | California Exempt Professionals A college or university is a public agency under the FLSA if it is a political subdivision of a State. The regs indicate the best prima facie evidence that an employee meets this requirement is possession of the appropriate academic degree. 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. They get double-time compensation if they work more than 12 hours in a single day, regardless of their weekly total hours. 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. Exempt from Orders (under "Professional" employee classification.) 29 CFR 541.204(b); 29 CFR 541.303(a). FLSAOvertime Pay in Higher Education Institutions 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). 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 contents of this document do not have the force and effect of law and are not meant to bind the public in any way. 541.303. A professional employee generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. OP 70.27: Employment of Student Employees | Operating Policies 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. Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. The salary and salary basis requirements do not apply to bona fide teachers. 541.602(a)(5). 29 USC 213(a)(1). 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? Various positions in higher education institutions might qualify for the executive exemption, including deans, department heads, directors, and any other manager or supervisor whose job duties and compensation satisfy the above criteria. Parts of this site may be considered attorney advertising. The employees primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; The advanced knowledge must be in a field of science or learning; and. If the position will exist for a pre-designated period of time, such as a federal grant period, the employee will receive a short-term assignment. The FLSA provides for several kinds of exempt professional employeessuch as learned professionals, creative professionals, teachers, and employees practicing law or medicine. In California, for example, non-exempt employees must be paid overtime if they work more than eight hours in a single day. 10. .manual-search ul.usa-list li {max-width:100%;} The term educational establishment is defined in. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. The three primary objectives of Classification and Compensation are: Establishing and maintaining equitable and competitive compensation levels for each position. The learned professional exemption also does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction. 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 . 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. The Fair Labor Standards Act (FLSA) and Coaches OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants) Section 13(a)(1) and Section 13(a)(17) also exempts certaincomputeremployees. 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. If an employee's primary duty is teaching, he or she is exempt from the salary requirement. 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. 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. See 29 C.F.R. Are Preschool Teachers Exempt Employees? - XPastor If you qualify to exclude days of presence as a teacher or trainee, you must file a fully-completed Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition, with the IRS. If you have questions about any particular issue or problem, you should contact your attorney. Normally, a short-term position will not exceed nine (9) months in duration, unless specifically extended by a written agreement. may not work for the . A teacher does not become nonexempt merely because he or she spends a considerable amount of time in extracurricular activities (such as coaching athletic teams or supervising student clubs), provided the teachers primary duty is teaching. Professional work is therefore distinguished from work involving routine mental, manual, mechanical or physical work. Ohio Health Care. 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. 29 CFR 541.303(b). 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. Copyright 2023 Coffield PLC. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 . Fact Sheet #17D: Exemption for Professional Employees Under the Fair Labor Standards Act (FLSA) Revised September 2019 *Note: The Department of Labor revised the regulations located at 29 C.F.R. In order to meet the requirements of this wage/hour law exemption, doctors must earn at least $97.99 per hour or the full-time salary equivalent (as of 2023; this figure adjusts with inflation). 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. Student Employee Compensation - University of Texas at Austin The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 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). The exemption does not apply to work which can be produced by a person with general manual or intellectual ability and training. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. Faculty members who are engaged as teachers but also spend a considerable amount of their time in extracurricular activities such as coaching athletic teams or acting as moderators or advisors in such areas as drama, speech, debate or journalism are engaged in teaching. 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. *Note: The Department of Labor revised the regulations located at 29 C.F.R. However, Section 13(a)(1) of the FLSA provides an exemption from bothminimum wageandovertime payfor employees employed as bona fideexecutive,administrative,professionalandoutside salesemployees. 29 U.S.C. 29 CFR 541.304. (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 . Teacher Assistants - U.S. Bureau of Labor Statistics The Fair Labor Standards Act (FLSA) exempts from its minimum wage and overtime standards employees who qualify as professional employees. Students who perform work that is closely tied to the institutions educational program, such as research assistants, can often be treated as non-employees even if they are paid a stipend or receive other compensation such as tuition credits or reduced room and board charges. As a general matter, most students who work for their college or university are hourly non-exempt workers and do not work more than 40 hours per week. Pay. The requirements are generally met by actors, musicians, composers, soloists, certain painters, writers, cartoonists, essayists, novelists, and others as set forth in the regulations. Of course, an employees qualification for the exemption depends on his or her actual job duties and education. An assistant manager can supervise employees and serve customers at the same time without losing the exemption. 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. 29 CFR 541.700. 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 . So what does this mean for colleges and universities? 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. The regulations discuss several categories of employees whose duties may or may not qualify for the learned professional exemption. This requirement generally is not met by a person who is employed as a copyist, as an animator of motion-picture cartoons, or as a retoucher of photographs, since such work is not properly described as creative in character. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and, https://www.dol.gov/agencies/whd/regs/compliance/whdcomp, The employee must be paid on a salary basis that is not subject to reduction based on the quality or quantity of work (the , The employee must receive a salary at a rate not less than $684, The employees primary duty must involve the kind of work associated with the exempt status sought, such as executive, administrative, or professional work (the . Fact Sheet #17D: Exemption for Professional Employees Under the - DOL The FLSA and the State Minimum Wage Act exempt employees working in a bona fide professional capacity from the overtime pay requirements . If you have questions about any particular issue or problem, you should contact your attorney.