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U.S. Master™ Wage-Hour Guide, 2009 Edition
Presents a first approach to the broad and complex controls under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other statutes regulating employee wages and hours.

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CCH® PAYROLL — 01/05/09

Substitute teachers were within the professional exemption

In an opinion letter, the Department of Labor (DOL) determined that substitute teachers qualify for the "professional exemption" under the FLSA and regulations, as long as their primary duties are to "[teach] and [impart] knowledge in an educational establishment." However, the DOL cautioned that those substitute teachers, whose primary duties are not related to teaching --for example, those substitutes who performed administrative tasks or clerical duties --did not qualify for the exemption. In addition, the DOL noted that since education and certification requirements differ for teaching professionals, substitute teachers are within the professional exemption, whether or not they possess such a degree or certification, so long as their primary duty is teaching (W&H Opinion Letter No 2581 (FLSA 2008-7), 05-08.)

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