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 . Because they qualify for the teacher exemption, they are not subject to the salary basis and salary level tests. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. "Exempt Employee" in California - How Is It Defined? - Shouse Law Group So what does this mean for colleges and universities? This exemption does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction. Were trying to verify that teachers are exempt when it comes to new overtime regulations? Again, whether an employee satisfies the duties test for these exemptions depends on the employees actual job duties, not just the employees job title. 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. .usa-footer .container {max-width:1440px!important;} 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. 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. The phrase customarily acquired by a prolonged course of specialized intellectual instruction restricts the learned professional exemption to professions where specialized academic training is a standard prerequisite for entrance into the profession. 541.301. Advanced knowledge cannot be attained at the high school level. 29 CFR 541.302(a). Work Schedule One of the main differences between exempt employees and non-exempt employees is that exempt employees receive a salary for the work they perform, while non-exempt employees earn an hourly wage. 541.204(b . Other educational establishments include special schools for mentally or physically disabled or gifted children. Reporters also do not qualify as exempt creative professionals if their work product is subject to substantial control by the employer. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. This includes such fields as, for example, music, writing, acting and the graphic arts. 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. All student employees, except for selected graduate student employees, are non-exempt and are subject to FLSA overtime provisions. Fair Labor Standards Act (FLSA) | Human Resources 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). Colleges and universities should pay close attention to developments not only in wage and hour law, but also traditional labor law, as the status of student assistants as employees remains in dispute. ol{list-style-type: decimal;} 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. Before sharing sensitive information, make sure youre on a federal government site. Box 25704 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. 29 CFR 541.304. FLSA Frequently Asked Questions | UW System Human Resources In California, for example, non-exempt employees must be paid overtime if they work more than eight hours in a single day. Journalists may satisfy the duties requirements for the creative professional exemption if their primary duty is work requiring invention, imagination, originality or talent. Head coaches are generally exempt as "teachers." Assistant coaches may be "teachers," but it depends on their actual duties. 106-F Melbourne Park Circle Charlottesville, VA 22901 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. .usa-footer .container {max-width:1440px!important;} 2022- 2023 Student Academic Titles and Pay Rates The requirement of invention, imagination, originality or talent distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. Determination of an employees primary duty is based on all the facts in a particular case, with the major emphasis on the character of the employees job as a whole. 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. Based on this information, it appears the teaching fellow in your inquiry would not be subject to the new salary requirement if he or she is a bona fide teacher as outlined above. . 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. Private higher education institutions may not pay employees comp time in lieu of overtime pay. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); As organizations and workforces around the world continue charting their course ahead for 2023 and beyond, many are finding that while remote work was sustainable the past two years, it may not be a long-term recipe for success. Save my name, email, and website in this browser for the next time I comment. To qualify for a white collar exemption, employees must be paid on a salary basis at not less than $684 per week (. ) If you have questions about any particular issue or problem, you should contact your attorney. ol{list-style-type: decimal;} eCFR :: 29 CFR Part 541 -- Defining and Delimiting the Exemptions for As used in the FLSA regulations, primary duty means the principal, main, major or most important duty that the employee performs. 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. .manual-search ul.usa-list li {max-width:100%;} For example, of the FLSA, a.k.a. An employee who is regularly scheduled to work less than 30 hours per week is considered a regular part-time employee. 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. 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. 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. Exempt employees are those whose duties and responsibilities exempt them from statutory overtime pay provisions. So we have a teaching fellow whose salary is $40k. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} .manual-search ul.usa-list li {max-width:100%;} Graduate Assistant (exempt) - Job Code 9550. In addition, you are classified as non-exempt or exempt in accordance with the Fair Labor Standards Act (FLSA) and applicable state law. 29 CFR 541.204(b); 29 CFR 541.303(a). To qualify for the executive exemption, an employee must satisfy the following tests: See29 C.F.R. For some organizations, the in-person work experience remains a vital part of their business operation, corporate culture, [], Grow your employees careers inside your organization and improve long-term talent retention with the latest report from the Cornerstone People Research Lab and Lighthouse Research & Advisory. According to the Fair Labor Standards Act passed in 1938, teachers are designated as salaried employees. A professional employee generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. See29 C.F.R. Exempt vs. non-exempt employee status is determined by three tests. 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. Students will be responsible for the difference in annual premium of $300.00. This site is intended to provide general information only. OEA Teaching Employees. 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. 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. Please view the full disclaimer. If a bona fide teacher meets this duty requirement, the salary level and salary basis tests do not apply. 29 CFR 541.301(e). Exempt administrative personnel would likewise generally include academic counselors who administer school testing programs, assist students with academic problems, and advise students concerning degree requirements. That begs the question, when must a student be considered an employee for purposes of minimum wage and overtime? .manual-search-block #edit-actions--2 {order:2;} 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. Under such circumstances, WH will not assert an employee-employer relationship between the students and the school, or between the student and the grantor or contracting agency, even though the student receives a stipend for their services under the grant or contract. 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. Layoff rights do not apply. 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. 29 U.S.C. 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.)

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