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Administrative Procedure - Fair Labor Standards Act Exemptions
Important – The Superintendent or designee should contact the Board Attorney for application of the Fair Labor Standards Act to specific situations. The information contained in this procedure, and any information provided in the hyperlinks contained in it, should be confirmed with the Board Attorney before its application to a specific situation.
Overview
- An exempt employee in Illinois is “any employee employed in a bona fide executive, administrative or professional capacity, … as defined by or covered by the Federal Fair Labor Standards Act of 1938 and the rules adopted under that Act, as both exist on March 30, 2003, but compensated at the amount of salary specified [current federal rules].” 820 ILCS 105/4a.
- According to the U.S. Dept. of Labor’s (DOL’s) rules, “[t]o qualify as exempt executive, administrative or professional employee, an employee must be compensated on a salary basis at a rate of not less than $684 per week.” 29 C.F.R. §541.600.
- Guidance on the DOL’s website includes:
Exemptions from overtime pay provisions: www.dol.gov/elaws/esa/flsa/screen75.asp
Exempt vs. non-exempt status of a particular job: www.dol.gov/elaws/esa/flsa/overtime/jobs
FLSA Exemption Category |
Staff Positions |
Non-covered persons |
Independent contractors, Volunteers, Student teachers who: (1) receive academic credit for their work experience, (2) do not displace regular employees, (3) work under close supervision, and (4) are not entitled to a job at the end of their training. |
Executive employees |
Superintendent
Associate/Assistant Superintendents
Directors
Supervisors
Other department managers |
Administrative employees |
Building Principals
Assistant Principals
Data systems analysts or computer programmers involved in obtaining solutions to complex business problems: www.dol.gov/agencies/whd/fact-sheets/17e-overtime-computerOther certificated administrative staff |
Professional employees |
Teachers
Counselors
Registered nurses
Media coordinators
Other non-supervising certificated staff |
Non-exempt employees |
Secretaries (includes administrative assistants)
Receptionists
Bookkeepers
Cafeteria workers
Crossing guards
Before/after school program workers
Custodians
Maintenance workers
Teacher aides, paraprofessionals, and assistants |
Reviewed: May 17, 2004, May 11, 2020
Adopted: August 23, 2004
Revisions Adopted: January 24, 2005, August 2, 2010, May 26, 2020
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