@media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} The FLSA, identifies two types of employees: non-exempt employees and exempt employees: Non-exempt employees are employees who, based on . The three primary objectives of Classification and Compensation are: Establishing and maintaining equitable and competitive compensation levels for each position. . The duties test is where things start to get complicated. 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. The employees primary duty must be to perform administrative functions directly related to academic instruction or training in an educational establishment. Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing. If you have questions about any particular issue or problem, you should contact your attorney. Determination of exempt creative professional status, therefore, must be made on a case-by-case basis. Section 13(a)(1) and Section 13(a)(17) also exempts certaincomputeremployees. This fact sheet provides information on the exemption from minimum wage and overtime pay provided by Sections 13(a)(1) of theFLSAas defined by Regulations,29 C.F.R. Professional Employee OvertimeExemption Frequently Asked Questions (FAQ) Both federal law (Fair Labor Standards Act or FLSA) and state law (New York Minimum Wage . Paid leave for temporary employees is accrued at the rate of one (1) hour for every 30 hours worked in a pay period. 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. 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. In higher education, examples of exempt non-teacher learned professionals generally include certified public accountants, psychologists, certified athletic trainers, and librarians. 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. 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. The Fair Labor Standards Act (FLSA) determines whether a position is eligible for overtime pay. However, titles are not controlling. Franczek P.C. Chapter 10 of the U.S. Department of Labors Field Operations Handbook(.pdf) provides some guidance on this subject. 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. 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.) Part 541and discusses the applicability of such exemptions to employees in jobs that are common in higher education institutions. Such administrative employees in higher education might include, for example, admissions counselors or student financial aid officers. And although the FLSA has evolved since its passage in 1938, one thing remains the same - employers must classify their . @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} 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. The short answer is "no." Teachers are exempt from the federal Fair Labor Standards Act. 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. Monday, November 5 Hey Fletch Our church has a preschool with part-time teachers. 541.303. Download our free white paper to learn more! and cooks or chefs without culinary arts degrees, paralegals and legal assistants, generally do not meet the duties requirement for this exemption. Bill provides management and employee training on workplace legal issues, and also conducts workplace investigations and legal audits. OEA Non-Teachers Employees. Whether the organization is a school, college or university depends on the organization's primary function. The duties of employees vary widely, and exemption as a creative professional depends on the extent of the invention, imagination, originality or talent exercised by the employee. See29 C.F.R. At the same time the new overtime regulation was published, the DOL also published Guidancefor Higher Education Institutions on Paying Overtime under the Fair Labor Standards Act. 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). 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. The following are exclusions from this rule: a) Coaches are exempt from OT if they hold a fulltime teaching position as their main job 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 . The requirement of invention, imagination, originality or talent distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. 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. Exemption as a creative professional depends on the extent of the invention, imagination, originality or talent exercised by the employee. Job titles or full/part-time status alone do not determine exempt status. 29 CFR 541.303(c), State Laws Federal Laws Topics Articles Resources, FLSA Minimum Wage and Overtime Exemptions, Impact of Responsibility for Extracurricular Activities.