See other fact sheets in this series for more information on the exemptions for executive, administrative, computer and outside sales employees, and for more information on the salary basis requirement. However, the law contains several exceptions or exemptions from these requirements, most of which turn on a combination of the employees pay and the nature of their job duties. Nevada exempts professional employees from its overtime requirements. 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. The duties of employees vary widely, and exemption as a creative professional depends on the extent of the invention, imagination, originality or talent exercised by the employee. 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. OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants) The district has several exempt employees who do not earn $684 per week. 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. 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. About 153,700 openings for teacher assistants are projected each year, on average, over the decade. 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 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? @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} .usa-footer .grid-container {padding-left: 30px!important;} Generally, the Department views graduate and undergraduate students who are engaged in research under a faculty members supervision in the course of obtaining a degree to be in an educational relationship and not an employment relationship with the school or with a grantor. 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. part 541 with an effective date of January 1, 2020. 2023 BLR, a division of Simplify Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 800-727-5257 All rights reserved. This post will focus on the exemption for professional employees. An exempt employee is not eligible to receive overtime pay, and is excluded from minimum wage requirements. The guidance notes that the salary level and salary basis requirements for the white collar exemption do not apply to bona fide teachers. ol{list-style-type: decimal;} Tyson Foods v. Bouaphakeo: Representative Proof in Wage Classes, Virginia Values Act: Powerful Protections for Virginia Employees, Virginia Civil Air Patrol Leave Law: Protections for Employees Who Are Civil Air Patrol Volunteers, EEOC v. Abercrombie & Fitch Stores, Inc.: Title VII Gives Favored Treatment to Employees Religious Practices, Torres v. Texas Dept of Pub. The salary and salary basis requirements do not apply to bona fide teachers. 541.602(a)(5). . Importantly, job titles do not determine whether an employee is exempt from the FLSA. The salary and salary basis requirements do not apply to bona fide teachers. The regulations discuss several categories of employees whose duties may or may not qualify for the learned professional exemption. are generally considered employees under the Act. Exempt employees are legally exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act. and cooks or chefs without culinary arts degrees, paralegals and legal assistants, generally do not meet the duties requirement for this exemption. DOL has been working closely with NIH and NSF regarding their mutual interest in this area. However, if residence hall directors are re-classified as non-exempt employees, colleges and universities may be . 1. 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. 29 CFR 541.304. The term educational establishment is defined in. The phrase fields of science or learning includes the professions of law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status as distinguished from the mechanical arts or skilled trades. In the case in question . To qualify for the creative professional employee exemption (and therefore, not be entitled to receive overtime pay under the FLSA), an employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684 per week, and meet all of the following requirements: The exemption does not apply to work which can be produced by a person with general manual or intellectual ability and training. The category is used to classify which employees are exempt . Here's how it works: If, for example, the calculation of the minimum salary threshold for a particular private . Copyright 2023 Coffield PLC. 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 . Download our free white paper to learn more! DRFIn a word, no. Exemption as a creative professional depends on the extent of the invention, imagination, originality or talent exercised by the employee. . Please view the full disclaimer. OPS/Temporary employees must be hired at least at the federal wage and hourly minimum for the job code. 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. p.usa-alert__text {margin-bottom:0!important;} 213(a)(1), provides an exemption from both minimum wage and overtime pay for certain categories of so-called white collar employees namely, employees working as bona fide executive, administrative, professional, or outside sales employees. ol{list-style-type: decimal;} Therefore, a teacher who is not certified may be considered for exemption, provided that such individual is employed as a teacher by the employing school or school system. 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. However, titles are not controlling. 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. 29 CFR 541.701. Importantly, job titles do not determine whether an employee is exempt from the FLSA. This site is intended to provide general information only. Factors to consider when determining an employees primary duty include, without limitation, the relative importance of any exempt duties as compared with other types of duties; the amount of time spent performing exempt work; the employees relative freedom from direct supervision; and the relationship between the employees salary and the wages paid to other employees for the kind of nonexempt work performed by the employee. .manual-search-block #edit-actions--2 {order:2;} 29 CFR 541.301(d). The employee must receive compensation that satisfies the above-referenced salary basis and salary level tests; The employees primary duty must be managing the enterprise or a customarily recognized department or subdivision thereof; The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent (for example, one full-time and two half-time employees); and. Section 13(a)(1) and Section 13(a)(17) also exempts certaincomputeremployees. The employees primary duty must be the performance of work requiring advanced knowledge; The advanced knowledge must be in a field of science or learning; and. 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. Job titles do not determine exempt status. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Postdoctoral researchers in the sciences are not covered by the teaching exemption.