School & District Management

Federal Rule Could Require Overtime Pay for More School Employees

By Evie Blad — October 03, 2023 2 min read
Illustration of a man pushing half of clock and half of a money coin forward on a red arrow
  • Save to favorites
  • Print

School districts would be required to provide overtime pay to more employees under a proposed federal rule that is open for public comment until Nov. 7.

The rule, published by the U.S. Department of Labor in September, would raise the minimum salary threshold for worker exemptions under the Fair Labor Standards Act by about 55 percent, leading more non-teaching employees to qualify for overtime pay if they work more than 40 hours in a week.

Since 2019, eligible employees have qualified for overtime pay if their annual salary is less than $35,568. The Biden administration proposal would raise that threshold to $55,068 annually, which is about $1,059 weekly.

That could lead to additional expenses for school districts—along with additional requirements to track and document employee work hours.

The FLSA, a national labor law, exempts teachers and school administrators. But employees like school nurses, athletic trainers, and librarians who were previously exempt from overtime requirements may now qualify under the new rule, the Texas School Boards Association told its members in an advisory. The rule will also cover some part-time employees, depending on the nature of their jobs and schedules, the organization advised.

The TSBA suggested it may be easier for school districts to raise some employees’ pay to an exempt level if their current salary falls slightly below the proposed cutoff.

National education organizations have also taken note of the proposed change. AASA, the School Superintendents Association; the Association of School Business Officials International; the Association of Educational Service Agencies; and the National Association for Pupil Transportation all signed onto a Sept. 25 letter to the Labor Department, requesting more time to review and comment on the rule. The letter was also signed by dozens of organizations representing trade groups and public sector employers.

“These are significant changes that will have a massive impact on the economy and millions of current and future workers,” said that letter, which was also signed by dozens of organizations representing trade groups and employers across a variety of sectors.

The Labor Department estimates that 3.4 million currently exempt workers across all industry sectors would qualify for overtime pay under the new rule.

The Biden proposal is similar to a 2016 rule by the Obama administration that would have raised the minimum salary threshold for exemptions to $47,000.

A federal judge struck down that proposal before it could take effect after business groups and 21 states sued to stop it, arguing that the Labor Department exceeded its authority and set the threshold too high.

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
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
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
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belongingisn’ta slogan—it’sa leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
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
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

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 What School Leaders Should Do When Parents Are Detained (DOWNLOADABLE)
School leaders are increasingly in need of guidance due to heightened immigration enforcement.
1 min read
Valley View Elementary School principal Jason Kuhlman delivers food donations to families from the school Tuesday, Feb. 3, 2026, in Columbia Heights, Minn.
Valley View Elementary School Principal Jason Kuhlman delivers food donations to school families on Feb. 3, 2026, in Columbia Heights, Minn. School leaders in the Twin Cities have been trying to assuage the fears of over immigration enforcement.
Liam James Doyle/AP
School & District Management Opinion Why Bad Bunny’s Half-Time Performance Was a Case Study for School Leadership
The megastar’s show was an invitation in a challenging moment. Did you catch it?
3 min read
Bad Bunny performs during halftime of the NFL Super Bowl 60 football game between the New England Patriots and the Seattle Seahawks, Sunday, Feb. 8, 2026, in Santa Clara, Calif.
Bad Bunny performs during halftime of the NFL Super Bowl 60 football game between the New England Patriots and the Seattle Seahawks, Sunday, Feb. 8, 2026, in Santa Clara, Calif.
Charlie Riedel/AP
School & District Management Texas Leader Named Superintendent of the Year
The 2026 superintendent of the year has led his district through rapid growth amid a local housing boom.
2 min read
Superintendent Roosevelt Nivens speaks after being announced as AASA National Superintendent of the Year in Nashville, Tenn. on Feb. 12, 2026.
Superintendent Roosevelt Nivens of the Lamar Consolidated schools in Texas speaks after being named National Superintendent of the Year in Nashville, Tenn. on Feb. 12, 2026, at the National Conference on Education sponsored by AASA, The School Superintendents Association.
Kaylee Domzalski/Education Week
School & District Management On Capitol Hill, Relieved Principals Press for Even More Federal Support
With the fiscal 2026 budget maintaining level K-12 funding, principals look to the future.
7 min read
In this image provided by NAESP, elementary school principals gathered on Capitol Hill recently to meet with their state's congressional delegations in Washington
Elementary school principals gathered on Capitol Hill on Feb. 11, 2026,<ins data-user-label="Madeline Will" data-time="02/12/2026 11:53:27 AM" data-user-id="00000175-2522-d295-a175-a7366b840000" data-target-id=""> </ins>to meet with their state's congressional delegations in Washington. They advocated for lawmakers to protect federal K-12 investments.
John Simms/NAESP