Charter admin subject to OT under proposed regs

Dear Charters,

The National Alliance for Public Charter Schools (NAPCS) intends to file a public comment in response to the Department of Labor’s (Department) proposed updated regulations governing which executive, administrative, and professional employees are entitled to the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay protections. They are seeking some input from us, so they can best craft their letter to the Department.

As background, on March 13, 2014, President Obama signed a Presidential Memorandum directing the Department to update the regulations defining which “white collar” workers are protected by the FLSA’s minimum wage and overtime standards.

The Department last updated these regulations in 2004, and the current salary level under which eligible workers qualify for overtime pay is $455 per week ($23,660 per year). The proposed rule seeks to raise the salary level to about $970 per week ($50,440 per year).
We want to ensure that the Department of Labor is aware of the potential impact these proposed updated regulations may have on charter schools.



Presently, the NAPCS does not think there is an impact for charter school teachers, but there may be some impact for school administrators that make less than $50,440. From their reading of the regulations, school administrators making less than $50,440 per year will not be exempt from overtime regulations (and therefore would be entitled to overtime pay for work in excess of 40 hours each week) unless they earn a salary which is at least equal to the entrance salary for teachers in the school by which they are employed.

The deadline to file comments with the Department is September 4, 2015. Please let us know if you have examples of the potential impact these proposed regulations may have on school employees in your jurisdictions, as this information will be helpful to the NAPCS in drafting their comment letter.


Thanks to Robert Reed, Senior Director of Legal Affairs of the National Alliance who has updated us on a critical issue


Eddie Goodall, Executive Director