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Compliance Assistance Resources

elaws - employment laws assistance for workers and small businesses

- FLSA Overtime Security Advisor

Professional Employees

For exemption as a teacher, the employee must be employed and engaged in his or her teaching activities in a qualifying "educational establishment."

Educational establishment means a day or residential school in an elementary or secondary school system as determined under state law, an institution of higher education or other educational institution (such as special schools for children with mental or physical disabilities or gifted children, whether classified as elementary, secondary or higher). Whether any particular introductory program (e.g., kindergarten or nursery school program) qualifies as an educational establishment depends upon whether the program is included in the curriculum for elementary education established by the applicable state law.

Post-secondary career programs operated by schools licensed by a state agency responsible for the state's educational system or accredited by a nationally recognized accrediting organization for career schools may also qualify as an educational establishment.

The exemption is available for teachers employed by qualifying educational establishments regardless of whether the educational establishments are public or private schools or whether they are operated for profit or not for profit.

Is the employee employed in an educational establishment as described above?