invention, imagination, originality or talent. If you have questions about any particular issue or problem, you should contact your attorney. Please review the non-student hourly OPS employment policy to ensure compliance. *Note:The Department of Labor revised the regulations located at 29 C.F.R. The Fair Labor Standards Act (FLSA) exempts from its minimum wage and overtime standards employees who qualify as professional employees. Research assistants studying under a mentor are not so much employees as trainees, it says, and student residential assistants are generally not employees, either. 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? Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. 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). Private school teachers. In order to qualify for this wage/hour exemption, a teacher must Your email address will not be published. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} The requirements are generally met by actors, musicians, composers, soloists, certain painters, writers, cartoonists, essayists, novelists, and others as set forth in the regulations. 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. Before sharing sensitive information, make sure youre on a federal government site. 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. However, if residence hall directors are re-classified as non-exempt employees, colleges and universities may be . These exemptions are often called the white-collar exemptions. 29 CFR 541.303(b). 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. 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. However, if such assistant managers are closely supervised and earn little more than the nonexempt employees, the assistant managers generally would not satisfy the primary duty requirement. Implementing changes. 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. 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. Your email address will not be published. Exempt employees are legally exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act. 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. Were trying to verify that teachers are exempt when it comes to new overtime regulations? 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. Exempt Employee: The term "Exempt Employee" refers to a category of employees set out in the Fair Labor Standards Act ( FLSA ) . 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.
