Overtime Laws: Do They Apply To Teachers' Workload?

Teachers are currently exempt from overtime laws in the United States. This means that they do not qualify for overtime pay, regardless of how they are paid or how much they make. However, there is ongoing debate about whether this exemption should be removed, with some arguing that it would benefit teachers, particularly women and teachers of colour, while others highlight the potential financial burden on school districts.

Teachers are exempt from overtime pay if their primary duty is teaching

The Fair Labor Standards Act (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 a half the regular rate of pay for all hours worked over 40 hours in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay requirements for certain categories of employees, including teachers.

To be exempt from overtime pay, teachers must meet the "duties test", which means their primary duty must involve teaching, tutoring, instructing, or lecturing to impart knowledge. This exemption applies regardless of their salary, part-time or full-time status, or the number of hours worked per week. Teachers who spend a considerable amount of time on extracurricular activities, such as coaching athletic teams or supervising student clubs, do not become non-exempt as long as their primary duty is still teaching.

It is important to note that athletic coaches employed by educational institutions may also be exempt from overtime pay if they provide instruction to student-athletes in their sport. However, if their primary duties are recruiting students or visiting high schools for interviews, they would not meet the requirements for this exemption.

In summary, teachers are generally exempt from overtime pay if their main responsibility is teaching and they are employed by an educational establishment. This exemption is provided by the FLSA and is based on the nature of their duties rather than their salary or work hours.

Teachers are pushing for an end to the overtime exemption

The exemption is based on teachers meeting a "duties test", which states that teachers are exempt if their primary duty is "teaching, tutoring, instructing or lecturing in the activity of imparting knowledge", and if they are employed and engaged in this activity as a teacher in an educational establishment.

However, there is a growing movement to end this exemption, with the National Education Association (NEA), the nation's largest teachers' union, requesting that the U.S. Department of Labor removes the exemption for teachers. The NEA argues that teachers, 44% of whom are paid below the proposed salary threshold, should be provided the same protections as other white-collar professionals whose exempt status depends on job duties and salary.

Ending the exemption would particularly benefit women (24.8% of women teachers would be affected), teachers of color (28.0%), teachers under the age of 25 (67.3%), those teaching in preschool and kindergarten (33.1%) or postsecondary schools (31.2%), those without a four-year college degree (67.0%), and those paid by the hour (65.4%). Additionally, it would have a significant impact on teachers in private schools (31.7% of all private school teachers would benefit) and nonunionized public schools (32.4% would benefit).

While the Department of Labor has noted the calls for change, it has stated that it would require a separate rule-making process to consider such a move.

Teachers' overtime exemption is based on their job duties, not job title

Teachers' exemption from overtime pay is based on their job duties, not their job title. Teachers are exempt from overtime pay under the Fair Labor Standards Act (FLSA) if their primary duty is "teaching, tutoring, instructing, or lecturing to impart knowledge", and if they are employed by an educational establishment. This exemption applies to both part-time and full-time teachers, regardless of their salary or hourly wage.

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and receive overtime pay for any hours worked over 40 hours in a workweek. However, teachers are specifically exempted from this requirement by the Code of Federal Regulations (CFR Section 541.303). This exemption also applies to professors, instructors, and adjunct professors, as well as faculty members who teach online or remotely.

The National Education Association (NEA), the nation's largest teachers' union, has argued for the removal of this exemption, stating that teachers should be provided the same protections as other white-collar professionals whose exempt status depends on both job duties and salary. The NEA has pointed out that teachers are often paid below the proposed salary threshold for overtime exemptions and that the profession suffers from a large and growing wage gap compared to other similarly educated professionals.

While the Biden administration is considering raising the minimum salary threshold for worker exemptions under the FLSA, it is not currently proposing to remove the exemption for teachers. The U.S. Department of Labor has stated that removing the teacher exemption would require a separate rule-making process.

Teachers' overtime exemption is unrelated to their salary

Teachers are exempt from overtime pay under the Fair Labor Standards Act (FLSA), which requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay for hours worked over 40 hours in a workweek. However, this exemption is not related to their salary.

Under federal law, certain professionals, including teachers, only need to meet the "duties test" to qualify for the exemption. This means that teachers are exempt from overtime pay, regardless of their salary, if their primary duty consists of "teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge," and they are employed and engaged in this activity as a teacher in an educational establishment.

The exemption for teachers is unrelated to their salary because the salary and salary basis requirements do not apply to bona fide teachers. Instead, the focus is on their job duties and whether their primary duty is teaching. This means that teachers are exempt from overtime pay even if they are paid by the hour or their salary is below the threshold established by the salary level test.

The National Education Association (NEA), the nation's largest teachers' union, has advocated for removing the exemption for teachers, arguing that teachers should be provided the same protections as other white-collar professionals whose exempt status depends on both job duties and salary. They highlight that teachers, who are predominantly women, face a large and growing wage gap compared to other similarly educated professionals.

While the Biden administration is considering raising the minimum salary threshold for worker exemptions under the FLSA, it is not currently proposing to remove the exemption for teachers. Such a change would have significant financial implications for school districts, potentially impacting hiring and class sizes.

Teachers' overtime exemption applies to public and private schools

Teachers are exempt from overtime laws in the United States, regardless of whether they work in public or private schools. This exemption applies if their primary duty is "teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge" and they are "employed and engaged in this activity as a teacher in an educational establishment".

Educational establishments include elementary school systems, secondary school systems, institutions of higher education, and other educational institutions. This means that professors, instructors, and adjunct professors are typically exempt from overtime laws. Teachers who work online or remotely are also covered by this exemption.

The exemption also applies to teachers of skilled and semi-skilled trades and occupations, such as aircraft flight instructors, home economics teachers, and music teachers. Teachers do not lose their exempt status if they spend a lot of time on extracurricular activities, such as coaching athletic teams or supervising student clubs.

However, athletic coaches employed by schools may not be exempt if their primary duties are recruiting students or visiting high schools and athletic camps to conduct student interviews, rather than instructing student-athletes.

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