What Higher Education Employees Should Know About Overtime Pay

The Fair Labor Standards Act (FLSA) includes specific exemptions for certain roles in higher education, but these don’t apply to everyone. Whether you’re eligible for overtime depends on your exact job duties and how you’re paid.

Here’s a quick refresher:

Under the FLSA, most U.S. employees must be paid at least the federal minimum wage and receive overtime pay, time and a half for any hours worked over 40 in a single workweek. However, some positions are exempt from these rules if they meet specific legal criteria.

To be considered exempt from overtime, all three of these conditions usually have to be met (with only limited exceptions):

• You’re paid a salary (not hourly)
• You earn at least $684 per week, which is not subject to deductions for partial day absences or based on how much you work
• Your primary job duties fit into one of the exempt categories defined by the FLSA

Let’s look at how these rules apply to different types of employees in colleges, universities, and other higher education institutions.

Teachers Are Generally Exempt

If your primary duty is teaching, tutoring, instructing, or lecturing, you’re likely exempt from overtime pay, regardless of how many hours you work.

Here’s what you should know:

• Full-time or part-time status doesn’t matter
• In-person or online teaching roles are both covered
• Salary thresholds don’t apply to teachers

That means professors, adjunct instructors, and even off-campus extension agents can qualify for the exemption, as long as their main responsibility is delivering instruction.

If you also coach a team, advise a student group, or take on other extracurricular duties, your exempt status still holds, as long as teaching remains your core function.

Coaches Might Be Exempt

The key word here is might, because being a coach doesn’t automatically mean you’re exempt from overtime. It depends on what your actual duties are.

In higher education, coaches may qualify for the teaching exemption only if their main role is instructing athletes on how to play and improve.

Duties that typically qualify:

• Leading practices
• Teaching game strategies
• Providing instruction during games

Duties that usually don’t qualify:

• Traveling to scout talent
• Interviewing high school recruits
• Managing team logistics or paperwork

If coaching is more about recruiting and administration than instruction, the exemption likely doesn’t apply.

Learned Professionals in Non-Teaching Roles

Not all exempt roles in higher education involve teaching. Some employees qualify under the “learned professional” exemption. These positions typically require advanced education and specialized knowledge.

Common examples include:

• Certified public accountants
• Licensed psychologists
• Certified athletic trainers
• Librarians
• Full-time postdoctoral researchers

To qualify, the job must:

• Require advanced knowledge in a recognized field
• Be the kind of knowledge typically earned through formal education, not just experience
• Pay at least $684 per week (unless it’s a medical or teaching role)

If the position meets all of these criteria, it may be exempt from overtime under the FLSA.

Administrative Staff in Higher Education

Depending on their responsibilities, many non-teaching staff may qualify for the administrative exemption. To qualify, the role must involve non-manual work tied to the school's or academic programs' operation and require independent judgment on important matters.

Examples of positions that may qualify:

• Admissions counselors
• Financial aid officers
• Academic advisors
• Department coordinators
• Testing program administrators

Academic Administrative Employees

A specific exemption for academic administrative roles can apply even if the salary is lower than the standard threshold. These employees must earn at least as much as a starting teacher at the same institution.

Common roles include:

• Department heads
• Curriculum specialists
• Intervention coordinators
• Other professionals supporting student learning outside the classroom

Executives and Managers

The executive exemption applies to individuals who manage teams or departments and play a key role in staffing decisions.

To qualify, all of the following must be true:

• The person oversees a recognized department
• They supervise at least two full-time employees
• They have influence over hiring, firing, or promotions
• They earn at least $684 per week

Examples: deans, directors, department chairs, and operations supervisors.

As always, it's not just about job titles; the actual job duties matter most under the FLSA.

How Pay Works for Part-Time or Part-Year Employees

The FLSA’s $684 weekly salary threshold is exactly that, a weekly threshold. So if a staff member works only part of the year (such as 10 months), they only need to meet the threshold during the weeks they’re actively working.

Schools are also allowed to spread a 10-month salary over a 12-month pay cycle. This is fine, even if the monthly paycheck falls below $684, as long as the weekly average salary during active employment meets the threshold and the job duties qualify for exemption.

What About Student Employees?

In general, students who work for their college or university are nonexempt employees, meaning they’re entitled to minimum wage and overtime pay. However, some roles may fall under exceptions:

Graduate Teaching Assistants

If their primary duty is teaching, they’re exempt from overtime and don’t need to meet the salary threshold.

Research Assistants

If their work is part of their degree program and supervised by faculty, it’s not typically considered an employment relationship under the FLSA.

Resident Assistants (RAs)

If compensated with free housing or meals and their duties relate to their education, they may not be classified as employees under the law.

On the other hand, students working in roles like campus dining, bookstores, or clerical offices must be paid for every hour worked, including overtime if they go beyond 40 hours in a week.

Comp Time for Public Colleges and Universities

If you work at a public college or university (like a state-run institution), your employer may be allowed to offer compensatory time off (comp time) instead of overtime pay. But this only applies under specific conditions.

Here’s what the law allows:

• Most employees can accrue up to 240 hours of comp time
• Public safety, emergency response, or seasonal employees may accrue up to 480 hours

Important: Private colleges and universities cannot offer comp time in place of overtime pay. If they do, it could be a violation of the FLSA.

Owed Overtime Pay? Contact Morgan & Morgan

At Morgan & Morgan, we’ve handled many cases involving workers in higher education being underpaid, especially after working overtime. If you believe your employer owes you overtime pay and is unwilling to address the matter properly, we might be able to step in on your behalf. Please contact us today to learn more.

This blog post is based on fact sheets from the U.S. Department of Labor and is for informational purposes only.