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Salary Exempt or Non-Exempt as a driving instructor at a local race track Nevada

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  • Salary Exempt or Non-Exempt as a driving instructor at a local race track Nevada

    I work for a company as a racing instructor in Nevada and I am curious if my status is correct or not and if I should be receiving overtime pay.
    As an instructors do I fall into a salary exempt status as a "teacher" and that falls under a professional or am I salary non-exempt and I should be receiving overtime??

    thanks!

  • #2
    No clue. You haven't given us remotely enough information to go on.

    It's not your title that counts - it's your actual job duties.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      http://www.dol.gov/whd/regs/complian...ofessional.pdf

      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.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        See here for details http://www.dol.gov/whd/regs/complian...ofessional.pdf

        Automotive driving instructors do fall under the Professional exemption.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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