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

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
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
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
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
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

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 6 Ways Schools Are Managing Students’ Cellphone Use
Students' cellphone use has been a major source of headaches for teachers and principals.
5 min read
A cell phone sits on a student's desk during a 9th grade honors English class at Bel Air High School in Bel Air, Md., on Jan. 25, 2024.
A cellphone sits on a student's desk during a 9th grade honors English class at Bel Air High School in Bel Air, Md., on Jan. 25, 2024. The policies that districts and schools use to manage the use of cellphones during the school day vary widely.
Jaclyn Borowski/Education Week
School & District Management What the Research Says What Districts With the Worst Attendance Have in Common
Districts often lack a systemic approach to coping with the spike in chronic attendance problems, a Michigan study suggests.
4 min read
Scarce classroom of students taking exams at their desks with empty desks in the foreground.
iStock/Getty Images Plus
School & District Management More School Workers Qualify for Overtime Under New Rule. Teachers Remain Exempt
Nurses, paraprofessionals, and librarians could get paid more under the federal rule, but the change won't apply to teachers.
3 min read
Image of a clock on supplies.
Laura Baker/Education Week via Canva<br/>
School & District Management Opinion Principals, You Aren't the Only Leader in Your School
What I learned about supporting teachers in my first week as an assistant principal started with just one question: “How would I know?”
Shayla Ewing
4 min read
Collaged illustration of a woman climbing a ladder to get a better perspective in a landscape of ladders.
Vanessa Solis/Education Week via Canva