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. The fact sheet provides an overview of the general requirements for "white collar" exemptions (i.e., bona fide executive, administrative, and professional employees) and a detailed description of the exemptions for more common higher education jobs (e.g., teachers, coaches, student-employees), as set forth more fully below. Chapter 10 of the U.S. Department of Labors Field Operations Handbook(.pdf) provides some guidance on this subject. About 153,700 openings for teacher assistants are projected each year, on average, over the decade. 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 final rule is available at: https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and. Exempt employee - primary duty is teaching (See DOL's Factsheet #17s) Research Assistant. That begs the question, when must a student be considered an employee for purposes of minimum wage and overtime? , Employee Standards Administration, Wage and Hour Division. In addition, whether . 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. 29 CFR 541.302(d). 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. Y31NC- Y33NN. 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. In order to qualify for this wage/hour exemption, a teacher must All rights reserved. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Private higher education institutions may not pay employees comp time in lieu of overtime pay. 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. Identifying the exemption status of a position under the Fair Labor Standards Act (FLSA) guidelines, specifically determining if a position is exempt or non-exempt from overtime. Non-employee for the purposes of the FLSA - a fellowship does not create an employment relationship.
are teacher assistants exempt employees