Earlier this week, in a matter of first impression within the Second Circuit, Judge P. Kevin Castel of the Southern District of New York held that employees who teach English as a second language (“ESL”) at a privately-owned ESL learning center qualify for the professional exemption under the FLSA as “teachers.” Fernandez v. Zoni Language
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Minnesota Court: Not-For-Profit Course Instructor Is Exempt Teacher
By Noel P. Tripp on
Posted in Exemptions
The Fair Labor Standards Act exempts teachers from minimum wage and overtime as professionals where their “primary duty is teaching, tutoring, instructing or lecturing in the activity of imputing knowledge and [the employee is] employed and engaged in this activity as a teacher in an educational establishment by which the employee is employed.” 29 C.F.R. §…