The Fair Labor Standards Act (FLSA) was established in 1938 to guarantee workers' rights to certain labor benefits, including minimum wage and overtime pay. However, the FLSA considers some workers exempt from those basic rights if their job duties include administrative, professional, executive, outside sales or skilled computer work. Teachers, though, are rarely paid for overtime even if they work more than 40 hours in a standard week.
In fact, a report published by the Trades Union Congress revealed that half of teachers in the United Kingdom work approximately 9.6 overtime hours every week without receiving premium pay rates.
Teachers fall under the professional exemption if they meet certain criteria established by the FLSA. To be considered exempt, the employee's primary duty must involve tutoring, lecturing or teaching to impart knowledge and they must be employed at a qualifying educational establishment. These facilities include a primary, secondary, higher education school or an institution that serves another specific purpose, such as educating special needs children. On the other hand, educators at childcare facilities that who do not meet state laws for elementary curriculum are not considered exempt by the FLSA.
It's important for employers to understand the laws governing employee rights within their field. Those who are uncertain about FLSA exemptions and other payroll practices can invest in a
timeclock that will make it easy to calculate wages and generate accurate paychecks.
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