The Fair Labor Standards Act, (FLSA), is a federal law dating back over half a century which establishes certain minimum requirements for employees' hours of work, wages, premium overtime and payroll records. However, Section 13(a)(1) of the FLSA provides an exemption from bothminimum wageandovertime payfor employees employed as bona fideexecutive,administrative,professionalandoutside salesemployees. Drive Your Organization Forward While Empowering Employees, 4 HR Trends to Support Employees in 2023 and Beyond, Amplifying Employee Behavioral Health Through Primary Care. Do we need to either raise it to $47,476 or start tracking hours? An agency within the U.S. Department of Labor, 200 Constitution Ave NW 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. .table thead th {background-color:#f1f1f1;color:#222;} 29 CFR 541.303(c). In higher education institutions, exempt academic administrative personnel generally include department heads, intervention specialists who are available to respond to student academic issues, and other employees with similar responsibilities. The job assignment, work schedule and duration of the position will be determined on an individual basis. 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). 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. 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, https://www.dol.gov/agencies/whd/regs/compliance/whdcomp, The employee must be paid on a salary basis that is not subject to reduction based on the quality or quantity of work (the , The employee must receive a salary at a rate not less than $684, The employees primary duty must involve the kind of work associated with the exempt status sought, such as executive, administrative, or professional work (the . 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. Box 25704 29 U.S.C. See 29 C.F.R. Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing. To be exempt as an academic administrative professional: See29 C.F.R. 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. An exempt employee is not eligible to receive overtime pay, and is excluded from minimum wage requirements. In Section 10b18, the manual states the following: In some cases graduate students in colleges and universities are engaged in research in the course of obtaining advanced degrees and the research is performed under the supervision of a member of the faculty in a research environment provided by the institution under a grant or contract. Now, it appears that the pendulum may swing back once more. To qualify for the executive exemption, an employee must satisfy the following tests: See29 C.F.R. Therefore, . The U.S. Department of Labor (DOL) issued two opinion letters addressing whether an employer properly classified account managers as exempt from overtime pay and whether a private religious day . 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. That begs the question, when must a student be considered an employee for purposes of minimum wage and overtime? OEA Teaching Employees. 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. are teacher assistants exempt employees. 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. Job Outlook. 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.) 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. Whether the organization is a school, college or university depends on the organization's primary function. Research assistants studying under a mentor are not so much employees as trainees, it says, and student residential assistants are generally not employees, either. 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. P.O. If the public university or college qualifies as a public agency, non-exempt employees generally may not accrue more than 240 hours of comp . .table thead th {background-color:#f1f1f1;color:#222;} 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. 29 CFR 541.303(b). These employees are generally considered professional employees and are subject to the salary threshold for exemption from overtime. 6400 Uptown Blvd. 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. Foster Grandparents If you are a City employee working for the Department of Aging in the title of Foster Grandparent, you are exempt from social security and Medicare taxes. The administrative exemption applies when the following requirements are met: See29 C.F.R. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. Temporary employees working at AACPS accrue paid leave if they work at least 24 hours in a pay period. 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. 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. 29 CFR 541.302(a). The employees primary duty must be the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. Section 13(a)(1) and Section 13(a)(17) also exempt certain categories of computer employees. Exempt employees are those whose duties and responsibilities exempt them from statutory overtime pay provisions. 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. 541.100. 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 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. This means that they are not exempt from (and therefore should receive) overtime pay. An official website of the United States government. An employee hired under these conditions will be considered a short-term employee. 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. Employment of teacher assistants is projected to grow 5 percent from 2021 to 2031, about as fast as the average for all occupations. 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. 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). 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. 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. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The term educational establishment is defined in 29 CFR 541.204(b). To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684* per week. Students will be responsible for the difference in annual premium of $300.00. Unless the employee is a teacher or practicing law or medicine, he or she must also satisfy the above-referenced salary basis and salary level tests to be an exempt professional. The salary and salary basis requirements do not apply to bona fide teachers. 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. .usa-footer .grid-container {padding-left: 30px!important;} APS hires employees for specific periods of time or for the completion of a specific project. 29 U.S.C. 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. Professional exemption. 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. Will student help employee be considered exempt if they have a concurrent appointment that is exempt under FLSA guidelines (ex: Teaching Assistants, Research Assistants, etc.) Parts of this site may be considered attorney advertising. The Department of Labor is also an excellent resource for information about the professional employee exemption. 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. *Note: The Department of Labor revised the regulations located at 29 C.F.R. The employee will be informed of the nature and duration of the assignment A short-term employee does not become a regular full-time employee by virtue of being employed longer than the agreed upon specified period. DOL has been working closely with NIH and NSF regarding their mutual interest in this area. 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. As provided by the FLSA, the Department of Labor (DOL) enforces seven classes of potentially exempt workers: Executive Employees. Use these briefs to help determine and justify how your employees meet the requirements. Here are some basic guidelines about exempt . The guidance notes that the salary level and salary basis requirements for the white collar exemption do not apply to bona fide teachers. Thus, for example, the learned professional exemption may be available to the occasional lawyer who did not go to law school, or the occasional chemist who does not have a degree in chemistry. Job titles alone are not sufficient for determining whether an employee satisfies the duties test. The FLSA and the State Minimum Wage Act exempt employees working in a bona fide professional capacity from the overtime pay requirements . Graduate assistants may hold 9.5 (generally used for graduate teaching assistants) or 12 month (generally used for administrative or research assistants) appointments. NE The regs define work requiring advanced knowledge as work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. Professional work is therefore distinguished from work involving routine mental, manual, mechanical or physical work. Given these standards, professors, instructors, and adjunct professors typically qualify for this exemption. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 . @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} 29 CFR 541.302(d). 541.204(b . 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. 29 CFR 541.701. Graduate teaching assistants whose primary duty is teaching are exempt. #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;} 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. The employees primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor (as opposed to routine mental, manual, mechanical or physical work). Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} See29 C.F.R. The FLSA provides for several kinds of exempt professional employeessuch as learned professionals, creative professionals, teachers, and employees practicing law or medicine. Teachers include, for example, regular academic teachers, kindergarten or nursery school teachers, teachers of gifted or disabled children, professors, adjunct instructors, teachers of skilled and semi-skilled trades and occupations, home economics teachers, vocal or instrument music teachers, and under certain circumstances, athletic coaches and assistant coaches. However, titles are not controlling. A faculty member who teaches online or remotely also may qualify for this exemption. 19. If you do not have to file return, send Form 8843 to the Department of . The FLSA, identifies two types of employees: non-exempt employees and exempt employees: Non-exempt employees are employees who, based on . An exempt employee can also simultaneously direct the work of other employees and stock shelves. Job titles or full/part-time status alone do not determine exempt status. Exempt employee - primary duty is teaching (See DOL's Factsheet #17s) Research Assistant. See29 C.F.R. But its up to organizations to wield it in []. Such administrative employees in higher education might include, for example, admissions counselors or student financial aid officers. This course will be in-person on the University Park campus. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. On the other hand, the regs indicate the learned professional exemption is not available for occupations that customarily may be performed with only the general knowledge acquired by an academic degree in any field, with knowledge acquired through an apprenticeship, or with training in the performance of routine mental, manual, mechanical or physical processes. DRFIn a word, no. Parts of this site may be considered attorney advertising. Albuquerque NM 87110, Mailing Address: .h1 {font-family:'Merriweather';font-weight:700;} To be considered exempt under the 2022 California professional exemption, the employee must: Earn a salary of more than $54,080 per year; Perform tasks which are intellectual, creative, and vary in nature (as opposed to routine mental, manual, mechanical, or physical work); and. As a general matter, most students who work for their college or university are hourly non-exempt workers and do not work more than 40 hours per week. 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. 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. 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WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. . If the public university or college qualifies as a public agency, nonexempt employees generally may not accrue more than 240 hours of comp time. Monday, November 5 Hey Fletch Our church has a preschool with part-time teachers. Classified among other highly trained professionals, they are exempt from requirements for overtime pay. A college or university is a public agency under the FLSA if it is a political subdivision of a State. (b) On the other hand, an employment relationship will generally exist with regard to students whose duties are not part of an overall educational program and who receive some compensation. To qualify for the learned 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: As used in the FLSA regulations, primary duty means the principal, main, major or most important duty that the employee performs.