New Overtime Rules

NEW OVERTIME RULES MEAN SOME MEMBERS ARE OVERTIME ELIGIBLE

New federal regulations now require employers to pay overtime The Teacher Exemption to eligible employees if they earn less than $47,476. The previous Teachers are specifically defined in statute as exempt “professional” overtime threshold was $23,660. While this is a big jump, not all employees for which the salary threshold test does not apply. who earn less than $47,476 qualify to receive overtime. The exemption test for teachers depends on whether or not the employee is primarily engaged in the duties of teaching (i.e. spends WHO QUALIFIES? majority of time teaching, tutoring, instructing or lecturing in the SOME Educators/Specialists activity of imparting knowledge) in an educational establishment. The new threshold will impact education support professionals PreK-12 teachers and professors are exempt from overtime under and education professionals who are currently overtime exempt the teacher exemption regardless of how much they are paid. Note only because they make more than the old threshold amount as well that academic administrative employees such as principals, of $23,660. With the new higher salary threshold if these vice principals and guidance counselors are deemed by regulation professionals will be making less than $47,476 per year they will to meet the salary threshold test if they are paid at least the same become overtime eligible: salary as that of an entry-level teacher in the same educational •Under PreK-12 contracts, classifications such as librarians, institution. nurses, occupational and physical therapists, speech pathologists, What You Should Do Now? social workers, psychologists and computer employees. If you have questions about your overtime eligibility under the new •Under higher education contracts, classifications such as researchers (non-students), certified public accountants, certified athletic trainers, librarians, computer employees and psychologists. 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. 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. 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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