are teacher assistants exempt employees

When determining whether a college or university is a political subdivision, the Department considers whether (1) the State directly created the entity, or (2) individuals administering the entity are responsible to public officials or the general electorate. Bill is a partner at Franczek P.C. However, non-exempt workers may earn even higher wages . The site is secure. OEA Non-Teachers Employees. On the other hand, licensed practical nurses, accounting clerks, bookkeepers, and cooks or chefs without culinary arts degrees, paralegals and legal assistants, generally do not meet the duties requirement for this exemption. Factors to consider when determining an employees primary duty include, without limitation, the relative importance of any exempt duties as compared with other types of duties; the amount of time spent performing exempt work; the employees relative freedom from direct supervision; and the relationship between the employees salary and the wages paid to other employees for the kind of nonexempt work performed by the employee. Research Assistant, or Community Advisor is exempt as determined by the nature of their job duties. Advanced knowledge cannot be attained at the high school level. Before sharing sensitive information, make sure youre on a federal government site. *Note: The Department of Labor revised the regulations located at 29 C.F.R. The learned professional exemption also does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction. 29 CFR 541.302(a). The employees primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; The advanced knowledge must be in a field of science or learning; and. Having a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge includes, by its very nature, exercising discretion and judgment. [CDATA[/* >