News You Can Use
NEW OVERTIME RULES MEAN SOME MEMBERS ARE OVERTIME ELIGIBLE New federal regulations now require employers to pay overtime to eligible employees if they earn less than $47,476. The previous overtime threshold was $23,660. While this is a big jump, not all who earn less than $47,476 qualify to receive overtime. WHO QUALIFIES? SOME Educators/Specialists The new threshold will impact education support professionals and education professionals who are currently overtime exempt only because they make more than the old threshold amount of $23,660. With the new higher salary threshold if these professionals will be making less than $47,476 per year they will become overtime eligible: •Under PreK-12 contracts, classifications such as librarians, nurses, occupational and physical therapists, speech pathologists, social workers, psychologists and computer employees. •Under higher education contracts, classifications such as researchers (non-students), certified public accountants, certified athletic trainers, librarians, computer employees and psychologists. Please note that job classifications do not definitively determine exempt status as FLSA exemptions are applied on an employee-byemployee basis based upon the actual duties of the position.
The Teacher Exemption Teachers are specifically defined in statute as exempt “professional” employees for which the salary threshold test does not apply. The exemption test for teachers depends on whether or not the employee is primarily engaged in the duties of teaching (i.e. spends majority of time teaching, tutoring, instructing or lecturing in the activity of imparting knowledge) in an educational establishment. PreK-12 teachers and professors are exempt from overtime under the teacher exemption regardless of how much they are paid. Note as well that academic administrative employees such as principals, vice principals and guidance counselors are deemed by regulation to meet the salary threshold test if they are paid at least the same salary as that of an entry-level teacher in the same educational institution. What You Should Do Now? If you have questions about your overtime eligibility under the new rules, contact your local Association President or your UniServ Director immediately. It is important that each local understands the changes in regulations and the affected members rights to overtime pay as of December 1. This change to the salary threshold does not impact an employee’s bargaining unit status. No employee should be removed from coverage under a collective bargaining agreement due to this change.
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