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The 13(a)(1) exemption for teachers does not apply. See FLSA Opinion Letter 2005-29 (Aug. 26, pa travel 2005). Q.We have an administrative employee who, in addition to working his regular 40 hours per week shift, teaches a class. This contract indicates that the teaching assignment is a 25% appointment. I know that teaching positions are exempt, but when we mix exempt and pa travel non-exempt positions like this, do we create overtime problems? A. Yes. pa travel The employee's status is measured by the "primary duties" test -- if the "primary duties" are non-exempt, then all hours worked are non-exempt. "The amount of time spent in the performance of the managerial duties is a useful guide in determining whether management is the primary duty of an employee.
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