Given these standards, professors, instructors, and adjunct professors typically qualify for this exemption.Ī faculty member who teaches online or remotely also may qualify for this exemption. If a bona fide teacher meets this duty requirement, the salary level and salary basis tests do not apply. Educational establishments include elementary school systems, secondary school systems, institutions of higher education, and other educational institutions. SeeĮxemptions for Common Higher Education Jobs TeachersĪ 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. The employee’s primary duty must involve the kind of work associated with the exempt status sought, such as executive, administrative, or professional work (the “ duties test”).Īdditional information concerning these exemptions is available in Fact Sheets 17A-G.The employee must receive a salary at a rate not less than $684 * per week (the “ salary level test”) and.The employee must be paid on a salary basis that is not subject to reduction based on the quality or quantity of work (the “ salary basis test”), rather than, for example, on an hourly basis.To qualify for a white-collar exemption, an employee must generally satisfy three tests: These exemptions are often called the “white-collar” exemptions. Section 13(a)(1) and Section 13(a)(17) also exempts certain computer employees. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. 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. Part 541 and discusses the applicability of such exemptions to employees in jobs that are common in higher education institutions. This fact sheet provides information on the exemption from minimum wage and overtime pay provided by Sections 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. 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 annual compensation level for Highly Compensated Employees. part 541 with an effective date of January 1, 2020. *Note: The Department of Labor revised the regulations located at 29 C.F.R.
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