Exempt Employees . 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). If you do not have to file return, send Form 8843 to the Department of . Executive employees generally decide on their own initiative to perform non-exempt work and remain responsible for their business operations, whereas non-exempt employees generally perform exempt work at the direction of a supervisor or for defined periods. 1. 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. If an employee's primary duty is teaching, he or she is exempt from the salary requirement. 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 https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. APS hires employees for specific periods of time or for the completion of a specific project. To qualify for a white collar exemption, employees must be paid on a salary basis at not less than $684 per week (as of January 1, 2020) and have job duties that satisfy certain requirements. 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. This requirement generally is not met by a person who is employed as a copyist, as an animator of motion-picture cartoons, or as a retoucher of photographs, since such work is not properly described as creative in character. Nevada exempts professional employees from its overtime requirements. Section 13(a)(1) and Section 13(a)(17) also exempt certain categories of computer employees. 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 minimum wage and overtime compliance. The Fair Labor Standards Act (FLSA) exempts from its minimum wage and overtime standards employees who qualify as professional employees. Unfortunately, there is little other guidance from the U.S. Department of Labor or the courts regarding when, exactly, a student worker must be considered an employee and paid as such under the FLSA. Effective January 1, 2018, part-time private school teachers can be deemed exempt employees if - in addition to satisfying all other requirements of Labor Code Section 515.8 - they meet a pro-rated minimum salary threshold. 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. Contacting Coffield PLC or Tim does not create an attorney-client relationship. If you have questions about any particular issue or problem, you should contact your attorney. Please view the full disclaimer. The regs indicate the best prima facie evidence that an employee meets this requirement is possession of the appropriate academic degree. 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. As used in the FLSA regulations, primary duty means the principal, main, major or most important duty that the employee performs. An agency within the U.S. Department of Labor, 200 Constitution Ave NW 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. Are You Meeting Your Teams Workspace Expectations? OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants) See 29 U.S.C. All student employees, except for selected graduate student employees, are non-exempt and are subject to FLSA overtime provisions. The salary and salary basis requirements do not apply to bona fide teachers. Therefore, exempt workers do not receive overtime pay and their weekly pay stays the same even if they work fewer than 40 hours in a week. Job Code Title 1/2 Time - 50% 1/4 Time -25%; 9000 Graduate Teaching Assistant $859.76 (mo.) Practical HR Tips, News & Advice. 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. 10. In the case in question . The district has several exempt employees who do not earn $684 per week. Head coaches are generally exempt as "teachers." Assistant coaches may be "teachers," but it depends on their actual duties. .manual-search ul.usa-list li {max-width:100%;} 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. 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. .usa-footer .grid-container {padding-left: 30px!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. Categories of exempt employees at Smith College include the following: . .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 29 CFR 541.302(b). 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. 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. 29 CFR 541.601. are generally considered employees under the Act. 29 CFR 541.303(c), State Laws Federal Laws Topics Articles Resources, FLSA Minimum Wage and Overtime Exemptions, Impact of Responsibility for Extracurricular Activities. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Exempt Employee: The term "Exempt Employee" refers to a category of employees set out in the Fair Labor Standards Act ( FLSA ) . Such administrative employees in higher education might include, for example, admissions counselors or student financial aid officers. The salary and salary basis requirements do not apply to bona fide teachers. Today employees need and want comprehensive whole health benefits more than ever. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. However, titles are not controlling. Chapter 10 of the U.S. Department of Labors Field Operations Handbook(.pdf) provides some guidance on this subject. In addition, the administrative personnel that help run higher education institutions and interact with students outside the classroom, such as department heads, academic counselors and advisors, intervention specialists and others with similar responsibilities are subject to a special salary threshold that does not apply to white-collar employees outside of higher education. Graduate Teaching Assistants. .usa-footer .container {max-width:1440px!important;} 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). 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. To qualify for the executive exemption, an employee must satisfy the following tests: See29 C.F.R. The plaintiff class included both students who the University classified as hourly employees and others who received stipends as undergraduate and graduate assistants. 541.602(a)(5). In addition, whether . 207(o)(3)(A). DOL has been working closely with NIH and NSF regarding their mutual interest in this area. 541.100. Albuquerque NM 87110, Mailing Address: An "exempt" position is not eligible for overtime pay. 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. 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. 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. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} If you would like to request a consultation with attorney Tim Coffield, you may call 1-434-218-3133 or send an email to info@coffieldlaw.com. 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. In regards to the exempt status of teachers, would this include a Charter School teacher or are Charter schools treated differently? The employees primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. Reporters also do not qualify as exempt creative professionals if their work product is subject to substantial control by the employer. 29 CFR 541.301(d). Yet some student employees are clearly exempt under the act, it says -- namely graduate teaching assistants whose primary duty is teaching. Contacting Coffield PLC or Tim does not create an attorney-client relationship. *Note: The Department of Labor revised the regulations located at 29 C.F.R. 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. 29 CFR 541.700. 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? 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. 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. also exempt certain categories of computer employees. Parts of this site may be considered attorney advertising. 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. Various employees at higher educational institutions may qualify as exempt administrative employees. The .gov means its official. An employee, other than a substitute teacher/substitute educational assistant, who is regularly scheduled to work at least 30 hours per week, is considered a regular full-time employee. The FLSA and the State Minimum Wage Act exempt employees working in a bona fide professional capacity from the overtime pay requirements . There are three general types of exempt professional employees: learned professionals, creative professionals, or teaching professionals. But a coach will not qualify for the exemption if his or her primary duties are recruiting students to play sports or visiting high schools and athletic camps to conduct student interviews. Importantly, job titles do not determine whether an employee is exempt from the FLSA. We have been treating them as exempt employees, as they are teachers. 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 . A prospective graduate/doctoral employee must be enrolled as a regular, degree-seeking student in graduate studies at Texas State University. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } 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. Section 13(a)(1) and Section 13(a)(17) also exempts certaincomputeremployees. Part 541and discusses the applicability of such exemptions to employees in jobs that are common in higher education institutions. 29 U.S.C. 541.301. 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. 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 . 1. Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. If you have questions about any particular issue or problem, you should contact your attorney. 106-F Melbourne Park Circle Charlottesville, VA 22901 Advanced knowledge cannot be attained at the high school level. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. Exempt employees are legally exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act. Coffield PLC and attorney Tim Coffield welcome your calls, emails, and contact forms. which permits deductions from pay of exempt employees if they are "made for unpaid disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace conduct rules" and are "imposed pursuant to a written policy applicable to all employees." 29 C.F.R. Coffield PLC provides aggressive and personalized legal representation to individual employees and groups of employees in Virginia and North Carolina. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. 541.303. Before sharing sensitive information, make sure youre on a federal government site. NE, Suite 200 EastAlbuquerque 87110Map(505) 880-3700, U.S. Department of LaborEmployee Standards Administration, Wage and Hour Division1-866-4US-WAGE (1-866-487-9243)TTY: 1-877-889-5627, Physical Address: Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing. However, Section 13(a)(1) of the FLSA provides an exemption from bothminimum wageandovertime payfor employees employed as bona fideexecutive,administrative,professionalandoutside salesemployees. Several states, including Illinois, have recognized graduate student unions at state universities. Again, whether an employee satisfies the duties test for these exemptions depends on the employees actual job duties, not just the employees job title. */. NE The category is used to classify which employees are exempt . Unfortunately the answer to that is no. P.O. Last month, a federal judge in New York granted preliminary approval for a settlement in which Hofstra University agreed to pay up to $485,000 to a class of 256 undergraduate and graduate students who allegedly were not paid minimum wage and overtime in violation of the Fair Labor Standards Act. Bill also regularly counsels. Athletic coaches employed by higher education institutions may qualify for the teacher exemption. 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. 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. The FICA exemption also applies to students enrolled on less than a half-time basis if the student requires less than the above standards to complete the degree . 541.303. 6400 Uptown Blvd. "Educational establishments" include institutions of higher education. servicecenter@aps.edu, 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. If the public university or college qualifies as a public agency, nonexempt employees generally may not accrue more than 240 hours of comp time. In 2014, Bill was named to the annual 40 Under 40 published by Law Bulletin Publishing which recognizes 40 attorneys under the age of 40 based on nominations by their clients, peers and the legal community. An exempt employee can also simultaneously direct the work of other employees and stock shelves. 10 month Teacher Assistants and ParaEducators . 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. 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. Teachers. An employee, other than a substitute teacher/substitute educational assistant, who is regularly scheduled to work at least 30 hours per week, is considered a regular full-time employee. As such, the Department will not assert such workers are entitled to overtime. . 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. However, if residence hall directors are re-classified as non-exempt employees, colleges and universities may be . Students who perform work that does not directly relate to the institutions program of instruction may be regarded as employees and entitled to minimum wage and overtime even if they are classified as non-employee graduate or undergraduate assistants. Pursuant to NRS 608.018(3)(d), the laws regarding overtime compensation do not apply to "employees who are employed in bona fide executive, administrative, or professional capacities." These employees are considered "exempt". The job assignment, work schedule and duration of the position will be determined on an individual basis. Copyright 2023 Coffield PLC. The amount of time the coach spends instructing student-athletes in a team sport is relevant, but not the exclusive factor, in determining the coachs exempt status. To qualify as a learned professional, the employee must satisfy three requirements: See29 C.F.R.