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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. The employees primary duty must be the performance of work requiring advanced knowledge; The advanced knowledge must be in a field of science or learning; and. Y41NN. The district has several exempt employees who do not earn $684 per week. The professional employee exemption is made up of three different categories: The professional exemption applies to employees who: There are no minimum salary requirements for the teaching professional 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. The term educational establishment is defined in. 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. These employees are referred to as "non-exempt". Flexible work arrangements must be memorialized in writing and comply with all legal requirements, including that non-exempt (bi-weekly) employees keep track of their actual hours worked and receive overtime pay if they work in excess of 40 hours in a work week. Here's how it works: If, for example, the calculation of the minimum salary threshold for a particular private . Use these briefs to help determine and justify how your employees meet the 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 learned professional exemption is restricted to professions where specialized academic training is a standard prerequisite for entrance into the profession. Implementing changes. . P.O. An agency within the U.S. Department of Labor, 200 Constitution Ave NW Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. 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). Graduate teaching assistants whose primary duty is teaching are exempt. Teaching Assistant. The information you obtain at this site is not legal advice and does not create an attorney-client relationship between you and attorney Tim Coffield or. . After all, teaching may include instructing student-athletes in how to perform their sport. Therefore, a teacher who is not certified may be considered for exemption, provided that such individual is employed as a teacher by the employing school or school system. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Y26NN. Advertising material. This requirement generally is not met by a person who is employed as a copyist, as an animator of motion-picture cartoons, or as a retoucher of photographs, since such work is not properly described as creative in character. Chapter 10 of the U.S. Department of Labors Field Operations Handbook(.pdf) provides some guidance on this subject. (a) University or college students who participate in activities generally recognized as extracurricular are generally not considered to be employees within the meaning of the Act. 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. 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 . Determination of exempt creative professional status, therefore, must be made on a case-by-case basis. 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. [CDATA[/* >