The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. P.O. Factors relevant in determining whether post-secondary career programs are educational institutions include whether the school is licensed by a state agency or accredited by a nationally recognized accrediting organization. Professional Employee OvertimeExemption Frequently Asked Questions (FAQ) Both federal law (Fair Labor Standards Act or FLSA) and state law (New York Minimum Wage . 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. 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. OSTA Unit 1 (Troopers) OSTA Unit 15 (Sergeants) 6400 Uptown Blvd. distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. See 29 C.F.R. No, even if the employee's primary duties are considered exempt under the FLSA guidelines the student help appointment will remain non-exempt. Job titles do not determine exempt status. 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. 29 CFR 541.304. The employees primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; The advanced knowledge must be in a field of science or learning; and. However, if such assistant managers are closely supervised and earn little more than the nonexempt employees, the assistant managers generally would not satisfy the primary duty requirement. University Human Resources | Employment Categories .usa-footer .grid-container {padding-left: 30px!important;} is a labor and employment boutique law firm representing private and public sector employers in all aspects of labor and employment law, including counseling and compliance, employment litigation, union-related matters, and employee benefits. The 2022-2023 individual annual premium is $3,062.00. ol{list-style-type: decimal;} OPS/Temporary employees must be hired at least at the federal wage and hourly minimum for the job code. The FLSA requires that most employees in the United States be paid at least thefederal minimum wagefor all hours worked andovertime payat not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. Head coaches are generally exempt as "teachers." Assistant coaches may be "teachers," but it depends on their actual duties.

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