[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.303]

[Page 189-190]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, 
 
                    Subpart D_Professional Employees
 
Sec. 541.303  Teachers.

    (a) The term ``employee employed in a bona fide professional 
capacity'' in section 13(a)(1) of the Act also means any employee with a 
primary duty of teaching, tutoring, instructing or lecturing in the 
activity of imparting knowledge and who is employed and engaged in this 
activity as a teacher in an educational establishment by which the 
employee is employed. The term ``educational establishment'' is defined 
in Sec. 541.204(b).
    (b) Exempt teachers include, but are not limited to: Regular 
academic teachers; teachers of kindergarten or nursery school pupils; 
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 instrumental music instructors. Those faculty members who are 
engaged as teachers but also spend a considerable amount of their time 
in extracurricular activities such as coaching athletic teams or acting 
as moderators or advisors in such areas as drama, speech, debate or 
journalism are engaged in teaching. Such activities are a recognized 
part of the schools' responsibility in contributing to the educational 
development of the student.
    (c) The possession of an elementary or secondary teacher's 
certificate provides a clear means of identifying the individuals 
contemplated as being within the scope of the exemption for teaching 
professionals. Teachers who possess a teaching certificate qualify for 
the exemption regardless of the terminology (e.g., permanent, 
conditional, standard, provisional, temporary, emergency, or unlimited) 
used by the State to refer to different kinds of certificates. However, 
private schools and

[[Page 190]]

public schools are not uniform in requiring a certificate for employment 
as an elementary or secondary school teacher, and a teacher's 
certificate is not generally necessary for employment in institutions of 
higher education or other educational establishments. Therefore, a 
teacher who is not certified may be considered for exemption, provided 
that such individual is employed as a teacher by the employing school or 
school system.
    (d) The requirements of Sec. 541.300 and Subpart G (salary 
requirements) of this part do not apply to the teaching professionals 
described in this section.