School & District Management

More School Workers Qualify for Overtime Under New Rule. Teachers Remain Exempt

By Evie Blad — April 23, 2024 3 min read
Image of a clock on supplies.
  • Save to favorites
  • Print

School districts will be required to offer overtime pay to more employees under a federal rule finalized by the U.S. Department of Labor Tuesday, but teachers will remain exempt from the regulation.

The agency did not act on a request from the National Education Association, the nation’s largest teachers’ union, to end exemptions for teachers, who are currently included in the categories of employees that do not qualify for mandatory overtime pay under the Fair Labor Standards Act. The Labor Department said that the request was outside of the scope of the current review.

Such a change “ would have been groundbreaking in terms of what it would mean to district budgets because we all know teachers work more than 40 hours,” said Noelle Ellerson Ng, the associate executive director of advocacy and governance at AASA, The School Superintendents Association.

The new rule raises the minimum salary threshold for non-teaching worker exemptions. Since 2019, eligible employees who earn less than $35,308 a year have qualified for overtime pay if they work more than 40 hours a week. Effective July 1, the new rule will increase that salary maximum level to $43,888, and it will increase again to $58,656 on Jan. 1, 2025. Salary thresholds will update every three years starting in July 2027, relying on new federal data on average wages, the Labor Department said.

“This rule will restore the promise to workers that if you work more than 40 hours in a week, you should be paid more for that time,” said Acting Labor Secretary Julie Su in a statement.

While teachers and school administrators are exempt from the federal overtime rule, the change will lead to increased overtime costs for some district employees, like school nurses, athletic trainers, and librarians, school administrator groups previously warned. And it could increase the burden of recordkeeping and tracking hours for more employees, those organizations said.

AASA has been preparing district leaders for the shift for months, Ng said Tuesday. In some cases, districts will have to make the choice about whether to offer newly qualifying employees overtime or to hire additional employees to help lower their workloads, she said.

The Texas School Boards Association suggested in a September member advisory that it may be easier for school districts to avoid overtime by raising some employees’ pay to a level above the salary threshold if their current compensation falls slightly below the proposed cutoff.

“These are significant changes that will have a massive impact on the economy and millions of current and future workers,” said a September letter from 107 organizations representing a variety of industries, including AASA, the Association of School Business Officials International, the Association of Educational Service Agencies, and the National Association for Pupil Transportation.

The Labor Department estimates about 4 million employees will newly qualify for overtime after the rule fully takes effect.

Teachers not affected by new overtime rule

The Labor Department noted a flood of comments calling for the agency to remove the teacher exemption from the overtime rules. But the agency said it would require a separate rulemaking process to consider such a change.

The NEA argued for the change in a November letter to federal regulators.

“It no longer makes sense to treat teachers, 44 percent of whom are paid below the proposed salary threshold, the same as high-earning doctors and lawyers,” wrote Alice O’Brien, the general counsel for the NEA. “Instead, teachers, a heavily female profession that suffers from a large and growing wage gap compared with other similarly educated professionals, should be provided the same protections as other white-collar professionals whose exempt status depends not just on job duties, but also on salary.”

Doctors and lawyers are also among the employees exempt from mandatory overtime under the law, but tend to be much more highly paid than educators. Last year, the median salary for doctors was $229,300, and the median salary for lawyers was $135,740, the NEA’s letter noted. The median pay for teachers was $66,397.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.
Federal Webinar Navigating the Rapid Pace of Education Policy Change: Your Questions, Answered
Join this free webinar to gain an understanding of key education policy developments affecting K-12 schools.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management A Superintendent's Balancing Act Amid Trump's DEI Crackdown
Districts are trying to navigate a dizzying pace of new federal orders and continue working with as little fanfare as possible.
6 min read
Tightly cropped photo of an African American woman's hands around a paper cutout of different colored paper people.
iStock/Getty
School & District Management Opinion 5 Cost-Free Ways to Make Life Better for Teachers (Downloadable)
Two educators offer school leaders simple suggestions for improving the lives of teachers and students in this guide.
Diana Laufenberg & Renee Jones
1 min read
Clock on desk with school supplies on the table.
iStock/Getty
School & District Management Q&A Speaking Up for Students Is Part of This Principal's Job
Terri Daniels, the National Advocacy Champion of the Year, says principals must advocate on behalf of their students.
6 min read
California principal and NASSP Advocacy Champion award winner Terri Daniels poses with NASSP President Raquel Martinez and NASSP CEO Ronn Nozo.
Terri Daniels, the principal of Folsom Middle School in California, poses with National Association of Secondary School Principals President Raquel Martinez and NASSP CEO Ronn Nozo. Daniels was named the 2025 NASSP Advocacy Champion of the Year and recognized in Washington, D.C., on April 11.
Courtesy of NASSP
School & District Management 1 in 4 Students Are Chronically Absent. 3 Tools to Change That
Chronic absenteeism is a daunting problem. But district leaders aren't alone in facing it, and there are ways they can fight it.
5 min read
Empty desks within a classroom
iStock/Getty Images Plus