Youll [], The Great Resignation may have subsided, but it still carries a long-term impact. However, journalists may qualify as exempt creative professionals if their primary duty is performing on the air in radio, television or other electronic media; conducting investigative interviews; analyzing or interpreting public events; writing editorials, opinion columns or other commentary; or acting as a narrator or commentator. For example, Section 13(a)(1) of the FLSA, a.k.a. Eligible OPS/Temporary employees are covered under the Federal Family and Medical . 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. 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. Ohio Health Care. 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. Band directors would qualify under the teacher exemption and are not subject to the rules change. 541.602(a)(5). and have job duties that satisfy certain requirements. Graduate teaching assistants whose primary duty is teaching are exempt. The regs define work requiring advanced knowledge as work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. Professional work is therefore distinguished from work involving routine mental, manual, mechanical or physical work. Job titles do not determine exempt status. 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 . Teachers who possess a teaching certificate generally qualify for the exemption regardless of the terminology (e.g., permanent, conditional, standard, provisional, temporary, emergency, or unlimited) used by the State to refer to different kinds of certificates. They get double-time compensation if they work more than 12 hours in a single day, regardless of their weekly total hours. An employees qualification for the exemption depends on his or her actual job duties; job titles alone are not sufficient for determining whether an employee satisfies the duties test. 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. Bill also has extensive litigation experience, representing employers in federal and state courts and administrative agencies such as the U.S. and Illinois Departments of Labor and the Equal Employment Opportunity Commission. Home Employment and Labor Laws Federal Employment and Labor Laws Fair Labor Standards Act (FLSA) FLSA Exempt Employees FLSA Minimum Wage and Overtime Exemptions. 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. The specific requirements for exemption as a bona fide professional employee are summarized below. See 29 C.F.R. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} . Federal government websites often end in .gov or .mil. Work Schedule This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } invention, imagination, originality or talent. /*-->*/. may not work for the . #block-googletagmanagerheader .field { padding-bottom:0 !important; } 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. 29 CFR 541.303(a), A teachers who possess a teaching certificate or license and engages in teaching as required qualifies for the exemption regardless of the type of license possessed ( e.g., permanent, conditional, standard, provisional, temporary, emergency, or unlimited). These individuals are appointed by the Office of the Provost/Dean of the Faculty. 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. 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. Y26NN. Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which, as of January 1, 2020, 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. 29 CFR 541.204(b); 29 CFR 541.303(a). 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. . This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. If the public university or college qualifies as a public agency, nonexempt employees generally may not accrue more than 240 hours of comp time. Research Assistant, or Community Advisor is exempt as determined by the nature of their job duties. 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. A college or university is a public agency under the FLSA if it is a political subdivision of a State. For every hour worked over 40 during UF's workweek, hourly non-exempt OPS employees must be paid 1 1/2 times their . Faculty members who are engaged as teachers but also spend a considerable amount of their time in extracurricular activities such as coaching athletic teams or acting as moderators or advisors in such areas as drama, speech, debate or journalism are engaged in teaching. Research assistants studying under a mentor are not so much employees as trainees, it says, and student residential assistants are generally not employees, either. To qualify for the learned professional employee exemption, all of the following tests must be met: The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. The exemption does not apply to work which can be produced by a person with general manual or intellectual ability and training. 29 CFR 541.301(b). Determination of an employees primary duty is based on all the facts in a particular case, with the major emphasis on the character of the employees job as a whole. The Obama-era rule said much the same. The employees primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor (as opposed to routine mental, manual, mechanical or physical work). An exempt employee is not eligible to receive overtime pay, and is excluded from minimum wage requirements. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine. The administrative exemption applies when the following requirements are met: See29 C.F.R. To qualify for the exemption as a creative professional, the employees work must be performed in a recognized field of artistic or creative endeavor. This includes such fields as music, writing, acting and the graphic arts. An employee, other than a substitute teacher/substitute educational assistant, who is regularly scheduled to work at least 30 hours per week, is considered a regular full-time employee. Several provisions apply, however, to many employees at these institutions that exempt them from the Final Rule. A: Schools and institutions of higher education are generally covered by the FLSA's minimum wage and overtime provisions.