Advertising material. This primary duty test has three elements: The employee must perform work requiring advanced knowledge; The advanced knowledge must be in a field of science or learning; and. Generally, the Department views graduate and undergraduate students who are engaged in research under a faculty members supervision in the course of obtaining a degree to be in an educational relationship and not an employment relationship with the school or with a grantor. Fair Labor Standards Act Toolkit | Human Resources 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. 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 site is intended to provide general information only. *Note: The Department of Labor revised the regulations located at 29 C.F.R. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 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. 2022- 2023 Student Academic Titles and Pay Rates 29 CFR 541.203 - Administrative exemption examples. may not work for the . Paid leave for temporary employees is accrued at the rate of one (1) hour for every 30 hours worked in a pay period. All student employees, except for selected graduate student employees, are non-exempt and are subject to FLSA overtime provisions. After all, teaching may include instructing student-athletes in how to perform their sport. 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. .h1 {font-family:'Merriweather';font-weight:700;} The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. An "exempt" position is not eligible for overtime pay. Are band directors subject to the rules change? 29 CFR 541.303(d), Educational establishments include elementary or secondary school systems, an institutions of higher education, or other educational institutions. Instead, they are not eligible for overtime if they are paid at least as much as the entrance salary for teachers at their institution. Coaches are classified as nonexempt employees and eligible to receive time and in overtime pay (OT) for all hours worked over 40 in a work week. 29 CFR 541.302(c). 29 CFR 541.700. Download our free white paper to learn more! This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. With that being said, the Department of Labor shed some insight as to whether a college coach could be deemed a "teacher" and thereby exempt. 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. are generally considered employees under the Act. Exempt vs. non-exempt employee status is determined by three tests. 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 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. 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. Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which 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 identified in the standard tests for exemption. 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. 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. and cooks or chefs without culinary arts degrees, paralegals and legal assistants, generally do not meet the duties requirement for this exemption. Private school teachers. are teacher assistants exempt employees - Lori and Lisa Sell An exempt employee can also simultaneously direct the work of other employees and stock shelves. 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. The information you obtain at this site is not legal advice and does not create an attorney-client relationship between you and attorney Tim Coffield or. If you have questions about any particular issue or problem, you should contact your attorney. Normally the graduate students involved in these programs are simultaneously performing research under the grants or contracts and fulfilling the requirements of an advanced degree. 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. Job titles do not determine exempt status. Advanced knowledge cannot be attained at the high school level. The site is secure. 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. 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.) 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. 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. PDF U.S. Department of Labor Wage and Hour Division Student Worker Tax Exemptions | University Finance and Administration There are three general types of exempt professional employees: learned professionals, creative professionals, or teaching professionals. An assistant manager can supervise employees and serve customers at the same time without losing the exemption. Part 541and discusses the applicability of such exemptions to employees in jobs that are common in higher education institutions. The wage and hour team at Franczek PC created this blog to provide timely, practical insights on wage and hour law to employers. The employees primary duty must be to perform administrative functions directly related to academic instruction or training in an educational establishment. If you have questions about any particular issue or problem, you should contact your attorney. 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. Frequently Asked Questions about the FLSA Rules Changes Parts of this site may be considered attorney advertising. 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. Athletic coaches employed by higher education institutions may qualify for the teacher exemption. Job titles alone are not sufficient for determining whether an employee satisfies the duties test. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. Reporters also do not qualify as exempt creative professionals if their work product is subject to substantial control by the employer. Other educational establishments include special schools for mentally or physically disabled or gifted children. 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. Classified among other highly trained professionals, they are exempt from requirements for overtime pay. 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. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} If the primary beneficiary of the work performed is the individual, non-employee for the purposes of . Albuquerque NM 87125-0704, APS Administration Advanced knowledge cannot be attained at the high school level. 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). Federal government websites often end in .gov or .mil. For example, Section 13(a)(1) of the FLSA, a.k.a. 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 .