29 CFR 541.303(b). 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 . The U.S. Department of Labor addressed this in a Q&A on the new overtime regulations (referred to as the Final Rule in the Q&A): Q: Is there an exemption for schools and institutions of higher education from either the FLSA or the Departments overtime regulations governing white collar workers? The key difference between exempt and non-exempt employees is that non-exempt workers are entitled to certain protections under the Fair Labor Standards Act, a federal law that sets minimum wage and overtime requirements. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Paid leave for temporary employees is accrued at the rate of one (1) hour for every 30 hours worked in a pay period. For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). The following, however, are examples of students who often receive a salary or other non-hourly compensation: An employment relationship will generally exist when a student receives compensation and his or her duties are not part of an overall education program. 29 CFR 541.601. The regulations do not restrict where bona fide teaching may take place, to whom the knowledge can be imparted, or how many hours a teacher must work per week to qualify for the exemption. 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. 29 CFR 541.700. Save my name, email, and website in this browser for the next time I comment. But a coach will not qualify for the exemption if his or her primary duties are recruiting students to play sports or visiting high schools and athletic camps to conduct student interviews. Bill also regularly counsels. As co-chair of the firms Labor and Employment Practice Group, Bill is particularly versed in all aspects of state and federal law relating to minimum wages, overtime, exemptions, and wage payment issues. 29 CFR 541.303(b). part 541 with an effective date of January 1, 2020. FICA (Social Security and Medicare) taxes do not apply to service performed by students employed by a school, college or university where the student is pursuing a course of study. 541.303. Other educational establishments include special schools for mentally or physically disabled or gifted children. The site is secure. Please review the non-student hourly OPS employment policy to ensure compliance.

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