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. 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. Previous: Students will be responsible for the difference in annual premium of $300.00. Therefore, . 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. The New FLSA Regulations . Teaching Professional Employees - FLSA Exemptions. The Department of Labor is also, for information about the professional employee exemption. 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. Graduate Assistant (non-exempt) - Job Code 9185. Graduate Teaching Assistants. exemption if the employee continues to meet the primary duty requirements. This site is intended to provide general information only. .h1 {font-family:'Merriweather';font-weight:700;} There are three categories of graduate assistant: teaching assistant (TA), research assistant (RA), and administrative assistant (AA). 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. 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. 541.204. Non-employee for the purposes of the FLSA - a fellowship does not create an employment relationship. 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. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Postdoctoral fellows, who conduct research at a higher education institution after completing their doctoral studies, likewise generally meet the duties requirements of the learned professional exemption, and they may additionally qualify for the teacher exemption if teaching is their primary duty. Parts of this site may be considered attorney advertising. Athletic coaches employed by higher education institutions may qualify for the teacher exemption. Nevada exempts professional employees from its overtime requirements. Advanced knowledge cannot be attained at the high school level. #block-googletagmanagerheader .field { padding-bottom:0 !important; } 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. 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. With very few exceptions, teachers cannot . In addition, you are classified as non-exempt or exempt in accordance with the Fair Labor Standards Act (FLSA) and applicable state law. This means that they are not exempt from (and therefore should receive) overtime pay. The phrase fields of science or learning includes the professions of law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status as distinguished from the mechanical arts or skilled trades. 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. The teachers who would benefit most from ending the specific teaching exemption are women (24.8% of all women teachers would benefit), teachers of color (28.0% would benefit . 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. The regulations discuss several categories of employees whose duties may or may not qualify for the learned professional exemption. Yet some student employees are clearly exempt under the act, it says -- namely graduate teaching assistants whose primary duty is teaching. The learned professional exemption also does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction. Students who perform work that is closely tied to the institutions educational program, such as research assistants, can often be treated as non-employees even if they are paid a stipend or receive other compensation such as tuition credits or reduced room and board charges. is a labor and employment boutique law firm representing private and public sector employers in all aspects of labor and employment law, including counseling and compliance, employment litigation, union-related matters, and employee benefits. Employees in certain types of jobs are entitled to overtime pay for hours worked in excess of forty (40) hours per work week. 541.303. . 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. The plaintiff class included both students who the University classified as hourly employees and others who received stipends as undergraduate and graduate assistants. Unit 5 - Professional Staff 10 and 12 month non-exempt (July 2021) Coffield PLC and attorney Tim Coffield welcome your calls, emails, and contact forms. A: Schools and institutions of higher education are generally covered by the FLSA's minimum wage and overtime provisions. This exemption does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction. 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. Whether the exemption applies, therefore, must be determined on a case-by-case basis. may not work for the . part 541 with an effective date of January 1, 2020. About 153,700 openings for teacher assistants are projected each year, on average, over the decade. A faculty member who teaches online or remotely also may qualify for this exemption. If you qualify to exclude days of presence as a teacher or trainee, you must file a fully-completed Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition, with the IRS. 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. 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 salary and salary basis requirements do not apply to bona fide teachers. 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. The site is secure. The FLSA, identifies two types of employees: non-exempt employees and exempt employees: Non-exempt employees are employees who, based on . DOL has been working closely with NIH and NSF regarding their mutual interest in this area. 541.303. Teaching Assistant. Classified among other highly trained professionals, they are exempt from requirements for overtime pay. 29 CFR 541.700. Before sharing sensitive information, make sure youre on a federal government site. The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. The Department of Labor is also an excellent resource for information about the professional employee exemption. Emergency-management coordinators employed by a county government might be exempt administrative employees, depending on their primary duties, the DOL said in FLSA 2020-9. This article was also published to TimCoffieldAttorney.net. 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. Please view the full disclaimer. also exempt certain categories of computer employees. If the public university or college qualifies as a public agency, non-exempt employees generally may not accrue more than 240 hours of comp . The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. 106-F Melbourne Park Circle Charlottesville, VA 22901 Exempt Employees . In higher education institutions, exempt academic administrative personnel generally include department heads, intervention specialists who are available to respond to student academic issues, and other employees with similar responsibilities. Many part-time and classified school employeeslike bus drivers, custodians, cafeteria attendants, and instructional assistantsalready get less paid leave offered to them than their full-time . Job Code Title 1/2 Time - 50% 1/4 Time -25%; 9000 Graduate Teaching Assistant $859.76 (mo.) At the federal level, the National Labor Relations Board has taken shifting positions, holding in 2000 that graduate students were employees, and reversing itself in 2004. Section 13(a)(1) and Section 13(a)(17) also exempts certaincomputeremployees. 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. Work Schedule Box 25704 Overtime for Non-exempt Employees: Non-exempt staff must record all hours worked, including overtime hours, and will receive additional pay for overtime. The following are exclusions from this rule: a) Coaches are exempt from OT if they hold a fulltime teaching position as their main job Other Personal Services (OPS) pay plan is at-will temporary employment.