- FLSA Overtime Security Advisor
The information in this Advisor does not yet reflect the Overtime Final Rule that became effective 12/1/2016. DOL's Wage and Hour Division is working on updating the content of this Advisor. Please check back periodically as we hope to have this Advisor updated shortly. If you have questions regarding this Advisor, please contact the Wage and Hour Division or find the office nearest you.
You indicated that:
- The employee's primary duty is teaching, tutoring, instructing or lecturing in order to impart knowledge; and
- The employee is employed in a qualifying educational establishment.
Therefore, based on these responses, the employee appears to meet the duties tests to be exempt as a professional employee engaged as a teacher. The compensation requirements do not apply to teachers employed in qualifying educational establishments. 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.