Day Care Teachers Are Not Exempt Under FLSA
In a recently released opinion letter, the Department of Labor (“DOL”) states that teachers at daycare centers are not exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA”) because they do not teach in a qualifying institution. According to the opinion letter, unless a daycare facility is licensed by the State Department of Education and provides introductory programs in kindergarten, grade school curriculums, or nursery school programs in elementary education, its employees will not qualify for the FLSA exemption. For more information on FLSA exemptions, go to The Employment Law Group® law firm’s Wage and Hour Practice at www.employmentlawgroup.net/PracticeAreas/Non-Payment-of-Wages.asp.
