With the publication of Fact Sheet #17S: Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act (FLSA), the Department of Labor has provided insight into the white collar exemptions that commonly apply to higher education positions.

The fact sheet explains that white collar exemptions generally apply where an individual is paid at least $455 per week on a salary basis, and where the position’s duties fall within regulatory requirements established for bona fide executive, administrative, professional and outside sales employees.  If a position meets these requirements and is properly classified as exempt, then an employer is generally not required to comply with minimum wage and overtime obligations regarding it.

Applying this information to the higher education industry, the fact sheet describes the white collar exemptions that usually apply to common university positions.  Positions covered include:

1. Teachers, including professors, instructors and adjunct professors, who teach in person or remotely;
2. Athletic coaches who teach student-athletes how to perform their sport, but not those with primary duties involving recruitment of student athletes;
3. Non-teacher learned professionals, including CPAs, psychologists, certified athletic trainers, librarians, and postdoctoral fellows.
4. Administrative professionals such as admissions counselors and student financial aid officers, and academic administrative employees such as department heads and academic counselors.
5. Executive professionals such as deans and department heads.

In describing exemption categories that may apply to the foregoing positions, the fact sheet also notes that job titles alone are insufficient for determining whether the duties test is satisfied.  Instead, an analysis of actual job duties and education must be done on a case-by-case basis before determining whether an exemption applies to a specific position.

The fact sheet also discusses considerations related to student workers and compensatory time at public universities.  Read more.