Graduate Teaching Assistants. The term educational establishment is defined in. Teaching assistants; . 29 CFR 541.303(d). Practical HR Tips, News & Advice. 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. (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. 2023 BLR, a division of Simplify Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 800-727-5257 All rights reserved. exemption if the employee continues to meet the primary duty requirements. 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. Other Personal Services (OPS) pay plan is at-will temporary employment. Unit 5 - Professional Staff 10 and 12 month non-exempt (July 2021) The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. Depending upon the category of work, OPS employees are subject to a 4,176-hour threshold, the equivalent of 2 years of employment at 1.0 FTE. Today employees need and want comprehensive whole health benefits more than ever. These exemptions are often called the white-collar exemptions. 541.200. .manual-search-block #edit-actions--2 {order:2;} To qualify for the creative professional employee exemption, all of the following tests must be met: This requirement distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. 19. DOL has been working closely with NIH and NSF regarding their mutual interest in this area. For every hour worked over 40 during UF's workweek, hourly non-exempt OPS employees must be paid 1 1/2 times their . 29 CFR 541.301(d). A: Schools and institutions of higher education are generally covered by the FLSAs minimum wage and overtime provisions. Non-employee for the purposes of the FLSA - a fellowship does not create an employment relationship. The requirement of invention, imagination, originality or talent distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. Download our free white paper to learn more! The professional employee exemption is made up of three different categories: creative professional. 541.204. 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, The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684. Section 13(a)(1) and Section 13(a)(17) also exempt certain categories of computer employees. 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. Ohio Health Care. is a labor and employment boutique law firm representing private and public sector employers in all aspects of labor and employment law, including counseling and compliance, employment litigation, union-related matters, and employee benefits. 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. *By Appointment Only. Are band directors subject to the rules change? 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. Teachers are exempt 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. (505) 855-9040 29 CFR 541.303(c), State Laws Federal Laws Topics Articles Resources, FLSA Minimum Wage and Overtime Exemptions, Impact of Responsibility for Extracurricular Activities. 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. Exempt from Orders (under "Professional" employee classification.) 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. 541.100. requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Postdoctoral researchers in the sciences are not covered by the teaching exemption. To qualify as a learned professional, the employee must satisfy three requirements: See29 C.F.R. Importantly, job titles do not determine whether an employee is exempt from the FLSA. Employment of teacher assistants is projected to grow 5 percent from 2021 to 2031, about as fast as the average for all occupations. An "exempt" position is not eligible for overtime pay. Exemptions from the overtime laws. The FLSA, identifies two types of employees: non-exempt employees and exempt employees: Non-exempt employees are employees who, based on . Employees working under flexible work arrangements are required to satisfactorily . Nevada exempts professional employees from its overtime requirements. . Given these standards, professors, instructors, and adjunct professors typically qualify for this exemption. 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 . Public universities or colleges that qualify as a public agency under the FLSA may compensate nonexempt employees with compensatory time off (or comp time) in lieu of overtime pay. These individuals are appointed by the Office . 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. Various employees at higher educational institutions may qualify as exempt administrative employees. Teachers who possess a teaching certificate generally qualify for the exemption regardless of the terminology (e.g., permanent, conditional, standard, provisional, temporary, emergency, or unlimited) used by the State to refer to different kinds of certificates. Yet some student employees are clearly exempt under the act, it says -- namely graduate teaching assistants whose primary duty is teaching. Band directors would qualify under the teacher exemption and are not subject to the rules change. distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. Importantly, job titles do not determine whether an employee is exempt from the FLSA. Eligible OPS/Temporary employees are covered under the Federal Family and Medical . In addition, you are classified as non-exempt or exempt in accordance with the Fair Labor Standards Act (FLSA) and applicable state law. Home Employment and Labor Laws Federal Employment and Labor Laws Fair Labor Standards Act (FLSA) FLSA Exempt Employees FLSA Minimum Wage and Overtime Exemptions. Bill also regularly counsels employers on issues relating to the Family and Medical Leave Act (FMLA), disability and accommodations. Contacting Coffield PLC or Tim does not create an attorney-client relationship. The term educational establishment is defined in 29 CFR 541.204(b). 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. 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. Employment Matters, Next: 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. Thank you for your inquiry regarding the exempt status of teachers under the new overtime regulations. 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. #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;} Thus, for example, students who work at food service counters or sell programs or usher at athletic events, or who wait on tables or wash dishes in dormitoriesin anticipate of some compensation (money, meals, etc.) 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). Reporters also do not qualify as exempt creative professionals if their work product is subject to substantial control by the employer. 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. A "teacher" is exempt under the FLSA 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. If the public university or college qualifies as a public agency, nonexempt employees generally may not accrue more than 240 hours of comp time. Section 13(a)(1) and. There are three categories of graduate assistant: teaching assistant (TA), research assistant (RA), and administrative assistant (AA). The fact sheet provides an overview of the general requirements for "white collar" exemptions (i.e., bona fide executive, administrative, and professional employees) and a detailed description of the exemptions for more common higher education jobs (e.g., teachers, coaches, student-employees), as set forth more fully below. 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. See 29 C.F.R. 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. 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).