This site is intended to provide general information only. The professional employee exemption is made up of three different categories: The professional exemption applies to employees who: There are no minimum salary requirements for the teaching professional exemption. 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. OEA Teaching Employees. To qualify as a learned professional, the employee must satisfy three requirements: See29 C.F.R. The Fair Labor Standards Act (FLSA) exempts from its minimum wage and overtime standards employees who qualify as professional employees. The term educational establishment is defined in 29 CFR 541.204(b). Employees in certain types of jobs are entitled to overtime pay for hours worked in excess of forty (40) hours per work week. 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. Nonexempt employees are entitled to be paid at least $7.25 per hour and be paid at least one and one-half (1.5) times the employee's regular hourly rate for work performed in excess of forty (40) hours per workweek. Unfortunately the answer to that is no. 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). Importantly, job titles do not determine whether an employee is exempt from the FLSA. 541.303. 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. In California, for example, non-exempt employees must be paid overtime if they work more than eight hours in a single day. learned professional. /*-->*/. (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. 29 CFR 541.303(c). 29 CFR 541.303(d), Educational establishments include elementary or secondary school systems, an institutions of higher education, or other educational institutions. .usa-footer .grid-container {padding-left: 30px!important;} 29 CFR 541.601. Before sharing sensitive information, make sure youre on a federal government site. .usa-footer .container {max-width:1440px!important;} 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. 29 CFR 541.301(e). part 541 with an effective date of January 1, 2020. 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? The requirement of invention, imagination, originality or talent distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. Although a preschool may engage in some educational activities, preschool employees whose primary duty is to care for the physical needs of the facilitys children would not meet the requirements for the exemption as a bona fide teacher. 541.204(b). To qualify for a white-collar exemption, an employee must generally satisfy three tests: Additional information concerning these exemptions is available in Fact Sheets 17A-G.See. The information you obtain at this site is not legal advice, is not intended to be legal advice, and does not create an attorney-client relationship. DRFIn a word, no. USF has tentatively agreed to pay up to $2,762.00 of the annual premium for eligible GAs with at least a .25 FTE. An agency within the U.S. Department of Labor, 200 Constitution Ave NW 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. Graduate teaching assistants whose primary duty is teaching are exempt. 29 CFR 541.301(e . The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. Substitute Teachers/Substitute Educational Assistants hired to substitute for licensed teachers or educational assistants on an as-needed basis are not entitled to receive benefits or leave unless specifically stated. Finally, public universities or colleges that qualify as a public agency under the FLSA may compensate overtime-eligible employees through the use of compensatory time off in lieu of cash overtime premiums. The FLSA provides for several kinds of exempt professional employeessuch as learned professionals, creative professionals, teachers, and employees practicing law or medicine. Monday, November 5 Hey Fletch Our church has a preschool with part-time teachers. The site is secure. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Graduate Teaching Assistant - Exempt. Given these standards, professors, instructors, and adjunct professors typically qualify for this exemption. An agency within the U.S. Department of Labor, 200 Constitution Ave NW A professional employee generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. 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. Work Schedule Also, for purposes of the exemption, no distinction is drawn between public and private schools, or between those operated for profit and those that are not for profit. 10 month Teacher Assistants and ParaEducators . The 2022-2023 individual annual premium is $3,062.00. 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 . #block-googletagmanagerheader .field { padding-bottom:0 !important; } Graduate and doctoral students may be employed as teaching assistants, instructional assistants, research assistants, or graduate assistants in a non-exempt status* from the Fair Labor Standards Act (FLSA). Please view the full disclaimer. Because they qualify for the teacher exemption, they are not subject to the salary basis and salary level tests. To meet Head Start regulations, all programs must ensure they have qualified staff in place. Student employees hold positions reserved only for university students. After all, teaching may include instructing student-athletes in how to perform their sport. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} OEA Non-Teachers Employees. However, titles are not controlling. 2023 BLR, a division of Simplify Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 800-727-5257 All rights reserved. It is also worth noting that exemption status under the FLSA usually requires that the employee receive pay of at least $684.00 each week to qualify. 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. exemption if the employee continues to meet the primary duty requirements. Teaching assistants; . Layoff rights do not apply. 206 (a), 207 (a). Part 541, as applied to professional employees. Youll [], The Great Resignation may have subsided, but it still carries a long-term impact. Do we need to either raise it to $47,476 or start tracking hours? If you have questions about any particular issue or problem, you should contact your attorney. 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. The Department of Labor is also, for information about the professional employee exemption. 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 employees compensation must satisfy the above-referenced salary basis and salary level tests; The employees primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employers customers; and. Employees may be separated from employment at any time. The job assignment, work schedule and duration of the position will be determined on an individual basis. Postdoctoral fellows, who conduct research at a higher education institution after completing their doctoral studies, likewise generally meet the duties requirements of the learned professional exemption, and they may additionally qualify for the teacher exemption if teaching is their primary duty. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 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. All student employees, except for selected graduate student employees, are non-exempt and are subject to FLSA overtime provisions. If you are unsure into which classification your position fits, please ask your supervisor. ol{list-style-type: decimal;} 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. #block-googletagmanagerheader .field { padding-bottom:0 !important; } 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. 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. part 541 with an effective date of January 1, 2020. NE Section 13(a)(1) and Section 13(a)(17) also exempt certain categories of computer employees. In addition, you are classified as non-exempt or exempt in accordance with the Fair Labor Standards Act (FLSA) and applicable state law. Unit 5 - Professional Staff 10 and 12 month non-exempt (July 2021) 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. 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. OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants)