Head coaches are generally exempt as "teachers." Assistant coaches may be "teachers," but it depends on their actual duties. Again, whether an employee satisfies the duties test for these exemptions depends on the employees actual job duties, not just the employees job title. ol{list-style-type: decimal;} We have been treating them as exempt employees, as they are teachers. Technology is the intersection of an enhanced employee experience and proactive HR. 541.303. 29 CFR 541.303(d), Educational establishments include elementary or secondary school systems, an institutions of higher education, or other educational institutions. Exempt Employee: The term "Exempt Employee" refers to a category of employees set out in the Fair Labor Standards Act ( FLSA ) . 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. For every hour worked over 40 during UF's workweek, hourly non-exempt OPS employees must be paid 1 1/2 times their . DRFIn a word, no. Professional is defined by NRS 608.0116 as "an employee who is licensed or certified by the . Y41NN. 29 CFR 541.302(b). 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). @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing. The U.S. Department of Labor addressed this in a Q&A on the new overtime regulations (referred to as the Final Rule in the Q&A): Q: Is there an exemption for schools and institutions of higher education from either the FLSA or the Departments overtime regulations governing white collar workers? Given these standards, professors, instructors, and adjunct professors typically qualify for this exemption. 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. 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. A professional employee generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. Employees working under flexible work arrangements are required to satisfactorily . However, if residence hall directors are re-classified as non-exempt employees, colleges and universities may be . For an employee to be exempt, her actual real-life job duties and salary must meet all the requirements of the FLSA and the Department of Labors implementing regulations. 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. 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. The FLSA provides for several kinds of exempt professional employeessuch as learned professionals, creative professionals, teachers, and employees practicing law or medicine. If you have questions about any particular issue or problem, you should contact your attorney. .usa-footer .container {max-width:1440px!important;} 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 . 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. Copyright 2023 Coffield PLC. Educational establishments include elementary school systems, secondary school systems, institutions of higher education, and other educational institutions. If you have questions about any particular issue or problem, you should contact your attorney. Coffield PLC and attorney Tim Coffield welcome your calls, emails, and contact forms. Job titles do not determine exempt status. On the other hand, licensed practical nurses, accounting clerks, bookkeepers, and cooks or chefs without culinary arts degrees, paralegals and legal assistants, generally do not meet the duties requirement for this exemption. Private school teachers. At the same time the new overtime regulation was published, the DOL also published Guidancefor Higher Education Institutions on Paying Overtime under the Fair Labor Standards Act. 29 CFR 541.302(a). An employees qualification for the exemption depends on his or her actual job duties; job titles alone are not sufficient for determining whether an employee satisfies the duties test. A "non-exempt" position is eligible and must receive overtime pay at time-and-one-half for any hours worked above 40 hours in one workweek. The regs further provide that an employee holding a valid license or certificate permitting the practice of law or medicine is exempt if the employee is actually engaged in such a practice. 29 USC 213(a)(1). . 29 CFR 541.301(c). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); As organizations and workforces around the world continue charting their course ahead for 2023 and beyond, many are finding that while remote work was sustainable the past two years, it may not be a long-term recipe for success. "Educational establishments" include institutions of higher education. Although a preschool may engage in some educational activities, preschool employees whose primary duty is to care for the physical needs of the facilitys children would not meet the requirements for the exemption as a bona fide teacher. 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. 541.303. 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. Colleges and universities should pay close attention to developments not only in wage and hour law, but also traditional labor law, as the status of student assistants as employees remains in dispute. 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. 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. 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. OEA Teaching Employees. .manual-search-block #edit-actions--2 {order:2;} Advanced knowledge cannot be attained at the high school level. 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. 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 annual compensation level for Highly Compensated Employees. 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 . An employee who is regularly scheduled to work less than 30 hours per week is considered a regular part-time employee. 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. Graduate Teaching Assistants. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Graduate Assistant (exempt) - Job Code 9550. 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). The Department of Labor is also, for information about the professional employee exemption. Teaching Assistant. (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. 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. Graduate teaching assistants whose primary duty is teaching are exempt. P.O. Advertising material. The Fair Labor Standards Act (FLSA) exempts from its minimum wage and overtime standards employees who qualify as professional employees. 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. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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. 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 phrase customarily acquired by a prolonged course of specialized intellectual instruction restricts the learned professional exemption to professions where specialized academic training is a standard prerequisite for entrance into the profession. 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 contents of this document do not have the force and effect of law and are not meant to bind the public in any way. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. See 29 U.S.C. See 29 C.F.R. If the public university or college qualifies as a public agency, nonexempt employees generally may not accrue more than 240 hours of comp time. 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. 29 CFR 541.303(b). 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. 10 month Teacher Assistants and ParaEducators . The employee will be informed of the nature and duration of the assignment A short-term employee does not become a regular full-time employee by virtue of being employed longer than the agreed upon specified period. Research assistants studying under a mentor are not so much employees as trainees, it says, and student residential assistants are generally not employees, either. After all, teaching may include instructing student-athletes in how to perform their sport. 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.
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