(a) The term ``employee employed in a bona fide administrative
capacity'' in section 13(a)(1) of the Act also includes employees:
(1) Compensated for services on a salary or fee basis at a rate of
not less than $455 per week (or $380 per week, if employed in American
Samoa by employers other than the Federal Government) exclusive of
board, lodging or other facilities, or on a salary basis which is at
least equal to the entrance salary for teachers in the educational
establishment by which employed; and
(2) Whose primary duty is performing administrative functions
directly related to academic instruction or training in an educational
establishment or department or subdivision thereof.
(b) The term ``educational establishment'' means an elementary or
secondary school system, an institution of higher education or other
educational institution. Sections 3(v) and 3(w) of the Act define
elementary and secondary schools as those day or residential schools
that provide elementary or secondary education, as determined under
State law. Under the laws of most States, such education includes the
curriculums in grades 1 through 12; under many it includes also the
introductory programs in kindergarten. Such education in some States
may also include nursery school programs in elementary education and
junior college curriculums in secondary education. The term ``other
educational establishment'' includes special schools for mentally or
physically disabled or gifted children, regardless of any
classification of such schools as elementary, secondary or higher.
Factors relevant in determining whether post-secondary career programs
are educational institutions include whether the school is licensed by
a state agency responsible for the state's educational system or
accredited by a nationally recognized accrediting organization for
career schools. Also, for purposes of the exemption, no distinction is
drawn between public and private schools, or between those operated for
profit and those that are not for profit.
(c) The phrase ``performing administrative functions directly
related to academic instruction or training'' means work related to the
academic operations and functions in a school rather than to
administration along the lines of general business operations. Such
academic administrative functions include operations directly in the
field of education. Jobs relating to areas outside the educational
field are not
within the definition of academic administration.
(1) Employees engaged in academic administrative functions include:
the superintendent or other head of an elementary or secondary school
system, and any assistants, responsible for administration of such
matters as curriculum, quality and methods of instructing, measuring
and testing the learning potential and achievement of students,
establishing and maintaining academic and grading standards, and other
aspects of the teaching program; the principal and any vice-principals
responsible for the operation of an elementary or secondary school;
department heads in institutions of higher education responsible for
the administration of the mathematics department, the English
department, the foreign language department, etc.; academic counselors
who perform work such as administering school testing programs,
assisting students with academic problems and advising students
concerning degree requirements; and other employees with similar
responsibilities.
(2) Jobs relating to building management and maintenance, jobs
relating to the health of the students, and academic staff such as
social workers, psychologists, lunch room managers or dietitians do not
perform academic administrative functions. Although such work is not
considered academic administration, such employees may qualify for
exemption under Sec. 541.200 or under other sections of this part,
provided the requirements for such exemptions are met.
