Wyatt Employment Law Report

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Overtime Pay in Higher Education – Guidance from the DOL

By Leila G. O’Carra

A diverse group of young adult graduates

On the same day that the U.S. Department of Labor (DOL) announced its Final Rule revising the salary requirements for the “white collar” exemptions from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements,1 it released supplemental guidance for non-profits, state and local governments, and institutions of higher education.

Colleges and universities are unique employers because of the number and variety of workers on campus.  The DOL opines that the final rule may not impact many of the workers employed by academic institutions because special exemptions for educators and academic administrators are not affected by the new rule.

First, the salary level and salary basis tests for the white collar exemptions do not apply to teachers whose primary duty is Continue reading