We have reviewed our agents position description questionnaires, performance appraisals, and competencies. We have noticed that these three things show 50% of time or more is devoted to educational teaching. Based on this and with the comments about CUPA below, Agents would hopefully qualify. Deb Welch University of Tennessee Extension Management Specialist Payroll and Human Resources 212 D Morgan Hall, 2621 Morgan Circle Knoxville, Tennessee 37996-4525 865-974-7246 Office / 865-607-8946 Mobile / 865-974-0882 Fax [log in to unmask]<mailto:[log in to unmask]> From: Extension Service Personnel Officers in the Southern Region [mailto:[log in to unmask]] On Behalf Of Rester, Juli Sent: Wednesday, February 17, 2016 2:12 PM To: [log in to unmask] Subject: Re: Proposed changes to the FLSA overtime regulations Based on what I am seeing, I don’t think Extension Agents would qualify for the exemption, but going forward, I look forward to seeing how others interpret the regulations. Currently this is what DOL says: Teachers Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment. Exempt teachers include, but are not limited to, regular academic teachers; kindergarten or nursery school teachers; teachers of gifted or disabled children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft flight instructors; home economics teachers; and vocal or instrument music teachers. The salary and salary basis requirements do not apply to bona fide teachers. Having a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge includes, by its very nature, exercising discretion and judgment. Juli Rester Juli Rester, CCP, PHR Sr. Human Resources Generalist | Department of Human Resources Management | Mississippi State University | Go Dawgs! Location: 225 McArthur Hall | Mailing: Box 9603 | Miss. State, MS 39762 | Direct: 662.325.1831 | Fax: 662.325.8395 From: Extension Service Personnel Officers in the Southern Region [mailto:[log in to unmask]] On Behalf Of Nikki Kurdys Sent: Wednesday, February 17, 2016 12:10 PM To: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: Proposed changes to the FLSA overtime regulations NCSU has not decided yet either, but I was on a CUPA webinar yesterday where they stated that if 50% or more of the person's time was spent teaching they would qualify for the exemption. Have you all heard this too? I would think our Agents would qualify based on that fact. Thanks Nikki On Wed, Feb 17, 2016 at 1:06 PM, Morgan,Mary A <[log in to unmask]<mailto:[log in to unmask]>> wrote: UF has not decided yet. Mary Anne Morgan, SPHR, SHRM-SCP Director, IFAS Human Resources 2038 McCarty Hall PO Box 110281 Gainesville, FL 32611 352-392-4777<tel:352-392-4777> phone 352-392-3226<tel:352-392-3226> fax From: Extension Service Personnel Officers in the Southern Region [mailto:[log in to unmask]<mailto:[log in to unmask]>] On Behalf Of Jennifer Humphries Sent: Wednesday, February 17, 2016 10:39 AM To: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: Proposed changes to the FLSA overtime regulations Good morning all, Have any of you all made any decisions as to whether you believe your agents would be covered under the teaching exemption? If so, would you be willing to share your thought process? Thank you! Jennifer Jennifer Hobbs, PHR │SHRM-CP Chief Human Resources Officer (979) 845-7810<tel:%28979%29%20845-7810>, [log in to unmask]<mailto:[log in to unmask]> AgriLife Services (AGSV) Building Mailing Address: 2147 TAMU │ College Station, TX 77843-2147 Physical Address (not to be used for US mail): 578 John Kimbrough Blvd., Room 453 │ College Station, TX 77843 [Description: Description: Description: AgriLife logo] This e-mail and any files transmitted with it are confidential. If you are not the intended recipient, any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this e-mail transmission in error, please notify me by telephone or via return e-mail and delete this e-mail with all information from your system. From: Extension Service Personnel Officers in the Southern Region [mailto:[log in to unmask]] On Behalf Of Sheri Schwab Sent: Thursday, July 23, 2015 9:41 AM To: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: Proposed changes to the FLSA overtime regulations Nikki Kurdys has more information than I do about what is being talked about here at NC State on the HR level, but......I do think that the educator/teaching exemption would typically cover our educator/sagents. Of course, we may need to pull the reigns in on some to ensure that they meet the duties tests, but.....In my opinion, they could potentially continue to be exempt under that exemption. OF COURSE we would want to be prepared, and certainly start planning ahead on this, as it would be a hugely significant change - either financially and/or in requiring record-keeping, etc. This will be interesting! Sheri On Wed, Jul 22, 2015 at 3:16 PM, William N Cheesborough <[log in to unmask]<mailto:[log in to unmask]>> wrote: We’ve had similar concerns, and issued the attached email to our supervisors and business personnel after we received a small flurry of questions. I saw a rough estimate of 700 for the number of affected employees in our college, but that figure is stadiumetrics at best. We won’t submit comments directly, as our university system will do that on our behalf. If this comes to fruition it will be important to check closely the list of exemptions, as those might help academia. Regards, Bill William N. Cheesborough Director of Finance & Administration College of Agricultural & Environmental Sciences 215 Conner Hall University of Georgia Phone: (706) 542-2373<tel:%28706%29%20542-2373> From: Extension Service Personnel Officers in the Southern Region [mailto:[log in to unmask]<mailto:[log in to unmask]>] On Behalf Of Donna Rothberg Sent: Wednesday, July 22, 2015 2:14 PM To: [log in to unmask]<mailto:[log in to unmask]> Subject: Proposed changes to the FLSA overtime regulations Friends, We have some serious concerns about the proposed changes to the FLSA overtime regulations and the impact these changes may have on the way we do business at Research and Extension. As you know, the proposed rule sets the salary level for overtime exemption eligibility at the 40th percentile of weekly earnings for FT salaried workers, which for 2016 is projected to be $970 a week or $50,440 annually. The DOL is proposing to update the salary level automatically on an annual basis, either based on percentiles of earnings or changes in inflation. In addition, the DOL is also considering changes to the duties test. We have many extension educators and exempt employees with salaries below the proposed threshold who routinely work over 40 hours per week. Above and beyond funding issues, we may be facing a host of other challenges and hard decisions, from requiring agents and agricultural professionals to complete time sheets, to restricting educator cell phone/tablet/laptop use outside working hours, to benefits and leave accrual issues, and potential salary compression issues, just to name a few. Are you having similar concerns and discussions? Have you estimated the number of your currently exempt employees below the proposed salary threshold or the potential overtime these folks may be working? Do you plan to submit comments to the DOL by September 4, 2015? Any information and/or advice would be greatly appreciated! Thanks! Donna Donna Rothberg Director of Human Resources UA Cooperative Extension Service 2301 S. University Ave. Little Rock, AR 72204 [log in to unmask]<mailto:[log in to unmask]> www.uaex.edu<http://www.uaex.edu> phone (501) 671-2219<tel:%28501%29%20671-2219> fax (501) 671-2251<tel:%28501%29%20671-2251> NOTICE: This email may contain confidential or proprietary information and may be legally privileged. It is intended only for the named recipient(s). Any unauthorized review, use, copy, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. -- Sheri L. Schwab, J.D, M.Ed. Associate Director of the NC Cooperative Extension Service and Director of County Operations NC State University www.ces.ncsu.edu<http://www.ces.ncsu.edu> Office: 919.515.1381<tel:919.515.1381> (forwards to cell) Cell: 919.412.7255<tel:919.412.7255> Executive Assistant: Beth Dabney, [log in to unmask]<mailto:[log in to unmask]>; 919-515-1370<tel:919-515-1370> Extension provides practical education you can trust to help people, businesses, and communities solve problems, develop skills, and build a better future. -- Nikki Kurdys, SPHR, SHRM-SCP Personnel Coordinator NC State University Extension Personnel Campus Box 7917 Raleigh, NC 27695 Phone: 919.515.1382 Fax: 919.513.2617 Please consider the environment before printing this e-mail