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
Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
Webinar Supporting Older Struggling Readers: Tips From Research and Practice
Reading problems are widespread among adolescent learners. Find out how to help students with gaps in foundational reading skills.
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
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

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 Superintendents Think a Lot About Money, But Few Say It's One of Their Strengths
A new survey also highlights how male and female superintendents approach the job differently.
6 min read
Businesspreson looks at stairs in the door of dollar sign.
iStock/Getty and Education Week
School & District Management From Our Research Center Schools Want to Make Better Strategic Decisions. What's Getting in the Way?
Uncertainty about funding can drive districts toward short-term thinking.
6 min read
Conceptual image of gaming cubes with arrows and question marks.
iStock
School & District Management Opinion The 5‑Minute Clarity Reset: How a Small Pause Can Change a Big Decision
Stuck in a spin? This practice can help free an education leader to act.
5 min read
Screenshot 2025 11 18 at 7.49.33 AM
Canva
School & District Management Opinion Have Politics Hijacked Education Policy?
School boards should be held more accountable to student learning, says this scholar.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week