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ERIC Number: ED620629
Record Type: Non-Journal
Publication Date: 2022-May
Pages: 17
Abstractor: ERIC
Ending the FLSA Teacher Exclusion: Putting a Floor under the Teaching Profession by Providing Teachers with the Same Wage and Hour Protections as Other Professionals
National Education Association
The crisis of teacher shortages across the United States accelerated to a five-alarm fire during the COVID-19 pandemic. Low pay and the gap between teacher pay and that of other similarly educated professionals is one of the primary factors contributing to this shortage. The escalating crisis impacts student learning and the professional status and economic security of teachers, almost three-quarters of whom are women. In this white paper, the National Education Association (NEA) argues the U.S. Department of Labor must use its regulatory authority to raise compensation standards in the teaching profession. The Department can do so by rescinding its antiquated regulation that lumps teachers in with doctors and lawyers as the only professionals who are categorically excluded from the protections of the Fair Labor Standards Act. By rescinding the teacher exclusion regulation, the Department of Labor can put a floor under teacher compensation nationwide and ensure that teacher salaries, like those of other professionals, meet the salary test for them to be exempt from overtime pay.
National Education Association Research Department. 1201 16th Street NW, Washington, DC 20036. Tel: 800-229-4200; Fax: 770-280-4134; Web site:
Publication Type: Reports - Evaluative
Education Level: Elementary Secondary Education; Elementary Education; Secondary Education; Early Childhood Education; Preschool Education; Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: National Education Association (NEA)
Identifiers - Laws, Policies, & Programs: Fair Labor Standards Act
Grant or Contract Numbers: N/A