WHD Fact Sheet Provides Overview of FLSA White Collar Exemptions for Higher Education Jobs

The Department of Labor’s Wage and Hour Division (WHD) has issued Fact Sheet #17S: Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act (FLSA). While the FLSA requires that a non-exempt employee receive overtime wages for work that exceeds 40 hours in a workweek, Section13(a)(1) of the FLSA exempts certain employees who perform bona fide executive, administrative, professional, and outside sales duties from minimum wage and OT requirements. The fact sheet discusses general requirements for these ”white collar” exemptions:

  • The salary basis test
  • The salary level test
  • The duties test

The fact sheet discusses exemptions for common higher education jobs including:

  • Teachers
  • Coaches
  • Professional employees
  • Administrative employees
  • Executive employees
  • Student employees
  • Non-exempt employees eligible for comp time at public universities