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Employment Law/Salaried Employee Rules

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Question
I work for a non-profit organization as a teacher. I do have a teaching degree. For the past two years, I have been a salaried employee. Today, I was called in, as many of my coworkers were also, and told that based on FLSA, I was not qualified to be a salaried employee. They said that the guidelines through the FLSA were that only employees who supervise two or more people were entitled to be on salary. Of course, I responded saying that, technically, I supervise an entire classroom of individuals everyday. Is there any ruling or guideline in the FLSA dictating who may be paid a salary and who may not? I thank you so much for your time and expertise in answering this question.
Sincerely,
Texas Worker

Answer
Your HR person needs to go back to school.  The Teacher position falls under the "Professional Exemption" for exempt salaried employees.

Here is a link to the Department of Labor site with the professional exemption guidelines.

note under "field of science or learning" a couple of pages down it specifically says Teaching.

www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.pdf


Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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