This exemption does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction. .agency-blurb-container .agency_blurb.background--light { padding: 0; } 29 CFR 541.302(c). If the public university or college qualifies as a public agency, non-exempt employees generally may not accrue more than 240 hours of comp . (4) Because undergraduate and graduate student employees are both students and employees, employment is part-time and students employed in the occupational categories listed above in section 2.a. For an employee to be exempt, her actual real-life job duties and salary must meet all the requirements of the FLSA and the Department of Labors implementing regulations. Executive employees generally decide on their own initiative to perform non-exempt work and remain responsible for their business operations, whereas non-exempt employees generally perform exempt work at the direction of a supervisor or for defined periods. Depending upon the category of work, OPS employees are subject to a 4,176-hour threshold, the equivalent of 2 years of employment at 1.0 FTE. Graduate teaching assistants whose primary duty is teaching are exempt. 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.) As explained in the regs, this requirement generally is met by actors, musicians, composers, conductors, and soloists; painters who at most are given the subject matter of their painting; cartoonists who are merely told the title or underlying concept of a cartoon and must rely on their own creative ability to express the concept; essayists, novelists, short-story writers and screen-play writers who choose their own subjects and hand in a finished piece of work to their employers (the majority of such persons are, of course, not employees but self-employed); and persons holding the more responsible writing positions in advertising agencies. #block-googletagmanagerheader .field { padding-bottom:0 !important; } "Educational establishments" include institutions of higher education. Unfortunately the answer to that is no. The salary and salary basis requirements do not apply to bona fide teachers. 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 duties test is where things start to get complicated. Students who perform work that does not directly relate to the institutions program of instruction may be regarded as employees and entitled to minimum wage and overtime even if they are classified as non-employee graduate or undergraduate assistants. are teacher assistants exempt employees. Download the Pay Rate Tables. An official website of the United States government. 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. Work requiring advanced knowledge means work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. USF has tentatively agreed to pay up to $2,762.00 of the annual premium for eligible GAs with at least a .25 FTE. Again, whether an employee satisfies the duties test for these exemptions depends on the employees actual job duties, not just the employees job title. Section 13(a)(1) and Section 13(a)(17) also exempt certain categories of computer employees. Notice or reason for termination is not required. 29 CFR 541.301(d). 1. Download our free white paper to learn more! Contacting Coffield PLC or Tim does not create an attorney-client relationship. For example, Section 13(a)(1) of the FLSA, a.k.a. Many of those openings are expected to result from the need to replace workers who transfer to . Part 541and discusses the applicability of such exemptions to employees in jobs that are common in higher education institutions. [CDATA[/* >