FLSA Overtime Security Advisor

Administrative Employees

To qualify as an exempt academic administrative employee in a school or other educational establishment, the employee must have a primary duty performing administrative functions directly related to the academic instruction or training provided by the educational establishment and either:

• Be paid on a guaranteed salary basis at a rate of at least $684 per week or
• Be paid on a guaranteed salary basis at least equal to the entrance salary for teachers employed in the educational establishment or
• Be paid on a fee basis of at least $684 per week.

Because you responded that the employee meets none of the above compensation requirements, the employee does not appear to meet the tests to be considered an exempt academic administrative employee in an educational establishment. 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 17C: Exemption for Administrative Employees Under the FLSA or contact your local Wage and Hour Division office. You may want to return to the Main Menu to see if the employee meets the requirements for exemption under another category.

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