Introduction

I. Background on the White Collar Exemptions under the FLSA

A. Three Tests Must Be Met in Order to Claim a White Collar Exemption

B. Primary Job Duties for Exempt Executive, Administrative, and Professional Employees

II. Specific Considerations for Higher Education Institutions in Implementing the Final Rule

A. Professional Exemption

1. In General
2. Postdoctoral Fellows
3. Special Provisions for Teachers

• ​​​Coaches
• Adjunct Instructors

B. Administrative Exemption

1. In General
2. Special Provisions for Academic Administrative Employees

C. Executive Exemption

D. Students

1. Graduate Teaching Assistants
2. Research Assistants
3. Residential Assistants
4. Students in an Employment Relationship

E. Hourly Employees, Blue Collar Employees, and White Collar Employees Who Do Not Meet the Duties Test

III. Options for Compliance with the Final Rule

A. Numerous Options for Compliance

1. After evaluation, no changes to pay or hours necessary
2. Raise salaries
3. Pay overtime above a salary
4. Reorganize Workload, Adjust Schedules, or Spread Work Hours
5. Adjust Wages

B. Compensatory Time at Public Universities

IV. Conclusion