Bill is a partner at Franczek P.C. Ask the Expert: Exempt Status of Teachers under New Overtime The wage and hour team at Franczek PC created this blog to provide timely, practical insights on wage and hour law to employers. The educational requirements and skills differ for the many roles and positions in Head Start and Early Head Start programs. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. .table thead th {background-color:#f1f1f1;color:#222;} 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? OEA Non-Teachers Employees. Were trying to verify that teachers are exempt when it comes to new overtime regulations? Today employees need and want comprehensive whole health benefits more than ever. "Educational establishments" include institutions of higher education. 29 CFR 541.303(d), Educational establishments include elementary or secondary school systems, an institutions of higher education, or other educational institutions. If you have questions about any particular issue or problem, you should contact your attorney. DRFIn a word, no. However, the word customarily means the exemption may be available to employees in such professions who have substantially the same knowledge level and perform substantially the same work as the degreed employees, but who attained the advanced knowledge through a combination of work experience and intellectual instruction. 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. laboratory instructors, course assistants, practice teaching supervisors), but who do not hold faculty rank. 541.303. 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. For Current Staff / Terms of Employment/Salary Scales Because they qualify for the teacher exemption, they are not subject to the salary basis and . The regulations discuss several categories of employees whose duties may or may not qualify for the learned professional exemption. The site is secure. 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. 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 . Parts of this site may be considered attorney advertising. 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. In order for an exemption to apply, an employees specific job duties and salary must meet all the requirements of the Departments regulations. requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. 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. may not work for the . 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. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } #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;} 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. Technology is the intersection of an enhanced employee experience and proactive HR. About 153,700 openings for teacher assistants are projected each year, on average, over the decade. NV Statute 608.018(3)(d) To qualify for the exemption, employees must: be licensed or certified by Nevada to practice law or any profession regulated by Nevada Statutes 623-645, 645G, and 656A; or; be a creative professional as defined by the Fair Labor Standards Act, not including an employee of a . So what does this mean for colleges and universities? . /*-->*/. Albuquerque Public SchoolsHuman Resources Department6400 Uptown Blvd. Employees working under flexible work arrangements are required to satisfactorily . Unit 5 - Professional Staff 10 and 12 month non-exempt (July 2021) We have been treating them as exempt employees, as they are teachers. Unfortunately, there is little other guidance from the U.S. Department of Labor or the courts regarding when, exactly, a student worker must be considered an employee and paid as such under the FLSA. 2022- 2023 Student Academic Titles and Pay Rates Exempt vs. Non-Exempt Employees: The Ultimate Guide also exempt certain categories of computer employees. Regular Full-time Employees. Based on this information, it appears the teaching fellow in your inquiry would not be subject to the new salary requirement if he or she is a bona fide teacher as outlined above. As a general rule, the less educational value the job has for the student, the more likely it is that the student will be considered an employee for wage and hour purposes. 19. The specific requirements for exemption as a bona fide professional employee are summarized below. .manual-search ul.usa-list li {max-width:100%;} 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. 29 CFR 541.304. are generally considered employees under the Act. According to the Fair Labor Standards Act passed in 1938, teachers are designated as salaried employees. To qualify for the exemption as a creative professional, the employees work must be performed in a recognized field of artistic or creative endeavor. This includes such fields as music, writing, acting and the graphic arts. Box 25704 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. . The Fair Labor Standards Act (FLSA) exempts from its minimum wage and overtime standards employees who qualify as professional employees. 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. part 541 with an effective date of January 1, 2020. Graduate Teaching Assistant - Exempt. California Professional Exemption (2022) | California Exempt Professionals The best evidence of meeting this requirement is having the appropriate academic degree. Nevada Minimum Wage Laws | Employment Laws In NV 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 term educational establishment is defined in. Head coaches are generally exempt as "teachers." Assistant coaches may be "teachers," but it depends on their actual duties. Yet some student employees are clearly exempt under the act, it says -- namely graduate teaching assistants whose primary duty is teaching. The regs further provide that having an elementary or secondary teachers certificate provides a clear means of identifying the individuals contemplated as being within the scope of the exemption for teaching professionals. Student Employees : Office of Human Resources - Texas State University 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 term educational establishment is defined in 29 CFR 541.204(b). Attach Form 8843 to your U.S. federal income tax return for the tax year. 541.303(d),541.600(e). OP 70.27: Employment of Student Employees | Operating Policies See29 C.F.R. The law specifically distinguishes teaching assistant and graduate assistant positions which qualify for the FICA exemption (provided that the above half-time standards are satisfied). 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. (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. Download our free white paper to learn more! If the primary duty of a coach is imparting . As a general rule, the less educational value the job has for the student, the more likely it is that the student will be considered an employee for wage and hour purposes. OEA Teaching Employees. Job Outlook. 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. 1. The employees primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. 106-F Melbourne Park Circle Charlottesville, VA 22901 . However, titles are not controlling. 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. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} 29 CFR 541.303(d). In higher education, examples of exempt non-teacher learned professionals generally include certified public accountants, psychologists, certified athletic trainers, and librarians. There are three categories of graduate assistant: teaching assistant (TA), research assistant (RA), and administrative assistant (AA). 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. 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.