- FLSA Overtime Security Advisor
Because you responded that the employee does not have a primary duty of teaching, tutoring, instructing or lecturing in order to impart knowledge, the employee does not appear to meet the duties tests to be considered exempt as a professional employee engaged as a teacher. If the employee's primary duty is the performance of administrative functions directly related to academic instruction (such as principals, vice-principals and department heads), you may wish to explore the Administrative Employee section for help in determining whether the employee meets the duties tests for exemption as an academic administrative employee. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).
If you have further questions about your situation, you may want to review Fact Sheet 17D: Exemption for Professional Employees Under the FLSA or contact your local Wage and Hour Division office.