Employees who work in higher education but whose work does not relate to the educational field (such as work in general business operations) do not qualify as exempt academic administrative employees. 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 . 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 . Y26NN. For example, depending on the circumstances and levels of academic study, degrees, and certification, registered or certified medical technologists, registered nurses, dental hygienists, physician assistants, certified public accountants, executive or sous chefs, athletic trainers, and licensed funeral directors and embalmers may meet the duties requirement for the learned professional exemption. .cd-main-content p, blockquote {margin-bottom:1em;} Several states, including Illinois, have recognized graduate student unions at state universities. Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. Employees working under flexible work arrangements are required to satisfactorily . The Fair Labor Standards Act (FLSA) exempts from its minimum wage and overtime standards employees who qualify as professional employees. learned professional. 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. OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants) Job titles alone are not sufficient for determining whether an employee satisfies the duties test. To qualify for a white collar exemption, employees must be paid on a salary basis at not less than $684 per week (as of January 1, 2020) and have job duties that satisfy certain requirements. When determining whether a college or university is a political subdivision, the Department considers whether (1) the State directly created the entity, or (2) individuals administering the entity are responsible to public officials or the general electorate. part 541 with an effective date of January 1, 2020. The Obama-era rule said much the same. Albuquerque Public SchoolsHuman Resources Department6400 Uptown Blvd. laboratory instructors, course assistants, practice teaching supervisors), but who do not hold faculty rank. 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. The duties test is where things start to get complicated. Last month, a federal judge in New York granted preliminary approval for a settlement in which Hofstra University agreed to pay up to $485,000 to a class of 256 undergraduate and graduate students who allegedly were not paid minimum wage and overtime in violation of the Fair Labor Standards Act. Bill also regularly counsels. A non-exempt employee is eligible for . . Teachers. Employment of teacher assistants is projected to grow 5 percent from 2021 to 2031, about as fast as the average for all occupations. 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.) Categories of exempt employees at Smith College include the following: . That begs the question, when must a student be considered an employee for purposes of minimum wage and overtime? Seeid. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} If the public university or college qualifies as a public agency, non-exempt employees generally may not accrue more than 240 hours of comp . 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. 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. Importantly, job titles do not determine whether an employee is exempt from the FLSA. [CDATA[/* >