Both full-time and part-time Assistant Teachers are non-exempt, hourly employees, eligible for full benefits (paid time-off, health/dental/vision coverage, etc.) Student Exception to FICA Tax. Journalists may satisfy the duties requirements for the creative professional exemption if their primary duty is work requiring invention, imagination, originality or talent. 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. Customarily and regularly means a frequency that must be greater than occasional but which may be less than constant. It includes work normally and recurrently done every workweek; it does not include isolated or one-time tasks. Teaching assistants; . Primary duty means the principal, main, major or most important duty that the employee performs. The learned professional exemption also does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction. Here's how it works: If, for example, the calculation of the minimum salary threshold for a particular private . 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. Advanced knowledge cannot be attained at the high school level. Athletic coaches employed by higher education institutions may qualify for the teacher exemption. This article was also published to TimCoffieldAttorney.net. .cd-main-content p, blockquote {margin-bottom:1em;} 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 . Notably, there are specific regulatory provisions for certain administrative employeesknown as academic administrative employeeswhose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment. The FLSA provides for several kinds of exempt professional employeessuch as learned professionals, creative professionals, teachers, and employees practicing law or medicine. Because they qualify for the teacher exemption, they are not subject to the salary basis and . All student employees, except for selected graduate student employees, are non-exempt and are subject to FLSA overtime provisions. The district has several exempt employees who do not earn $684 per week. Use these briefs to help determine and justify how your employees meet the requirements. Exempt teachers include, but are not limited to: Regular academic teachers; teachers of kindergarten or nursery school pupils . .table thead th {background-color:#f1f1f1;color:#222;} This site is intended to provide general information only. The site is secure. The Obama-era rule said much the same. Parts of this site may be considered attorney advertising. Reporters also do not qualify as exempt creative professionals if their work product is subject to substantial control by the employer. However, non-exempt workers may earn even higher wages . 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). 29 CFR 541.301(e). This site is intended to provide general information only. If the public university or college qualifies as a public agency, nonexempt employees generally may not accrue more than 240 hours of comp time. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. 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 Labor's implementing regulations. Ready, set, grow:The building blocks for high-impact talent mobility will help you better understand your employees expectations around internal development and what your leaders must do to succeed. The professional employee exemption is also available to teachers, 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. Y41NN. 2023 BLR, a division of Simplify Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 800-727-5257 All rights reserved. An employee who holds the requisite academic degree for the general practice of medicine is also exempt if he or she is engaged in an internship or resident program for the profession. The learned professional exemption also does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction. Before sharing sensitive information, make sure youre on a federal government site. A college or university is a public agency under the FLSA if it is a political subdivision of a State. The term educational establishment is defined in 29 CFR 541.204(b). 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.) Of course, an employees qualification for the exemption depends on his or her actual job duties and education. Another class of employees exempt from overtime laws in California is teachers at private K-12 schools.. 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 DOLs implementing regulations with respect to the professional employee exemption are generally located at 29 CFR 541.300-304. Factors relevant in determining whether post-secondary career programs are educational institutions include whether the school is licensed by a state agency or accredited by a nationally recognized accrediting organization. The term educational establishment is defined in. 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. .manual-search ul.usa-list li {max-width:100%;} Other Personal Services (OPS) pay plan is at-will temporary employment. The employee must have the authority to hire or fire other employees, or in the alternative, the employees suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees must be given particular weight. OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants) The guidance notes that the salary level and salary basis requirements for the white collar exemption do not apply to bona fide teachers. Technology is the intersection of an enhanced employee experience and proactive HR. To determine a teachers primary duty, the relevant inquiry in all cases is the teachers actual job duties. Employees of newspapers, magazines, television and other media 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. 29 CFR 541.303(d). @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} 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. Paid leave for temporary employees is accrued at the rate of one (1) hour for every 30 hours worked in a pay period. .usa-footer .grid-container {padding-left: 30px!important;} Graduate Teaching Assistants. 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. In the case in question . There are two general types of exempt professional employees: learned professionals and creative professionals. 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. Safety: States Do Not Have Sovereign Immunity Against Damages Claims for Servicemember Discrimination Under USERRA. The requirement of invention, imagination, originality or talent distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. 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). 2. Private higher education institutions may not pay employees comp time in lieu of overtime pay. The employees primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. The regs make this distinction where the knowledge involved in a mechanical arts or skilled trades could be of a fairly advanced type, but is not in a field of science or learning. 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. Thus, for example, newspaper reporters who simply rewrite press releases or who write standard recounts of public information by gathering facts on routine community events are not exempt creative professionals. "Educational establishments" include institutions of higher education. There are three categories of graduate assistant: teaching assistant (TA), research assistant (RA), and administrative assistant (AA). #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;} Albuquerque NM 87125-0704, APS Administration 29 CFR 541.301(c). They don't get paid for working after hours, home visits or for the Christmas play rehearsals. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. .manual-search ul.usa-list li {max-width:100%;} 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. . See29 C.F.R. There are three general types of exempt professional employees: learned professionals, creative professionals, or teaching professionals. Work Schedule Federal government websites often end in .gov or .mil. Please view the full disclaimer. 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. Layoff rights do not apply. Therefore, . 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. Advertising material. Overtime for Non-exempt Employees: Non-exempt staff must record all hours worked, including overtime hours, and will receive additional pay for overtime. and cooks or chefs without culinary arts degrees, paralegals and legal assistants, generally do not meet the duties requirement for this exemption. Other educational establishments include special schools for mentally or physically disabled or gifted children. 10 month Teacher Assistants and ParaEducators . This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Contacting Coffield PLC or Tim does not create an attorney-client relationship. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Employers of students who are performing work on a federal contract in an FLSA non-exempt student job title (i.e., a title other than Graduate Research Assistant, Assistant Instructor, or Teaching Assistant) may contact the Office of Sponsored Projects at osp@austin.utexas.edu for more information. The FLSA, identifies two types of employees: non-exempt employees and exempt employees: Non-exempt employees are employees who, based on . 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). Unit 5 - Professional Staff 10 and 12 month non-exempt (July 2021) Graduate Teaching Assistants. laboratory instructors, course assistants, practice teaching supervisors), but who do not hold faculty rank. For example, of the FLSA, a.k.a. In addition, you are classified as non-exempt or exempt in accordance with the Fair Labor Standards Act (FLSA) and applicable state law. Graduate Assistant (non-exempt) - Job Code 9185. Professional exemption. 541.301. 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. 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. Classified among other highly trained professionals, they are exempt from requirements for overtime pay. *Note: The Department of Labor revised the regulations located at 29 C.F.R. The professional employee exemption is also available to teachers, 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. .h1 {font-family:'Merriweather';font-weight:700;} 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. Your email address will not be published. .manual-search-block #edit-actions--2 {order:2;} This post will focus on the exemption for professional employees. However, the word customarily means the exemption may also 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. However, employees engaged to work in a public safety activity, an emergency response activity, or a seasonal activity may accrue as much as 480 hours of comp time. After all, teaching may include instructing student-athletes in how to perform their sport. The regulations do not restrict where bona fide teaching may take place, to whom the knowledge can be imparted, or how many hours a teacher must work per week to qualify for the exemption. Albuquerque NM 87110, Mailing Address: 541.602(a)(5). The .gov means its official. Various employees at higher educational institutions may qualify as exempt administrative employees. Coffield PLC provides aggressive and personalized legal representation to individual employees and groups of employees in Virginia and North Carolina. Do we need to either raise it to $47,476 or start tracking hours? An "exempt" position is not eligible for overtime pay. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. 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. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. See 29 C.F.R. Given these standards, professors, instructors, and adjunct professors typically qualify for this exemption. The salary and salary basis requirements do not apply to bona fide teachers. .agency-blurb-container .agency_blurb.background--light { padding: 0; } 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. P.O. Employees working under flexible work arrangements are required to satisfactorily . (4) Because undergraduate and graduate student employees are both students and employees, employment is part-time and students employed in the occupational categories listed above in section 2.a. 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. Exercise discretion and independent judgment in the performance of . 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. For some organizations, the in-person work experience remains a vital part of their business operation, corporate culture, [], Grow your employees careers inside your organization and improve long-term talent retention with the latest report from the Cornerstone People Research Lab and Lighthouse Research & Advisory. 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 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. You are not "legal." Generally preschool teachers are Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. The professional employee exemption is made up of three different categories: creative professional. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Exempt Employees (Schedule E1) Exempt Employees (Schedule E2) OCSEA Employees. 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. If you have questions about any particular issue or problem, you should contact your attorney. Implementing changes. 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. The exemption would therefore ordinarily apply, for example, to a part-time faculty member of an educational establishment whose primary duty is to provide instruction through online courses to remote non-credit learners. 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. 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. Job titles do not determine exempt status. The job assignment, work schedule and duration of the position will be determined on an individual basis. Yet some student employees are clearly exempt under the act, it says -- namely graduate teaching assistants whose primary duty is teaching. The plaintiff class included both students who the University classified as hourly employees and others who received stipends as undergraduate and graduate assistants. Fields of science or learning include 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 and are distinguishable from the mechanical arts or skilled trades where the knowledge could be of a fairly advanced type, but is not in a field of science or learning. Bill also has extensive litigation experience, representing employers in federal and state courts and administrative agencies such as the U.S. and Illinois Departments of Labor and the Equal Employment Opportunity Commission. 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). In addition to the examples listed in FOH 10b03(e) [which relates to students participating in activities such as drama, musical groups, radio stations, and athletics], students serving as residence hall assistants or dormitory counselors, who are participants in a bona fide educational program, and who receive remuneration in the form of reduced room or board charges, free use of telephones, tuition credits, and the like, are not employees under the Act. part 541 with an effective date of January 1, 2020. Such administrative employees in higher education might include, for example, admissions counselors or student financial aid officers.