My husband's salary was increased by $3000 to just go over the requirement. I'm more interested to see what they do with grad students.
Grad students are students, not employees, and even if they teach as part of a fellowship, they would not be affected by the rule change, according to this (and neither are teachers): https://www.dol.gov/whd/overtime/final2016/highered-guidance.pdf
See the last NLRB ruling, they are BOTH students and employees if they do research. And the reason their salaries were moved to $24,000 was to make them salaried overtime exempt, so yes they are affected.
That may be true with the NLRB ruling, however, the document I linked to says this:
"D. Students
As a general matter, most students who work for their
college or university are hourly workers who do not work
more than 40 hours per week. The Final Rule will not affect
these students. Students receiving a salary as graduate
teaching assistants or research assistants, and many
residential assistants will also not be affected by the Final
Rule, even if they work more than 40 hours per week and
are paid less than the new salary level.
i. Graduate Teaching Assistants
Graduate teaching assistants who have teaching as their
primary duty are not subject to the salary tests and,
therefore, remain exempt under the Final Rule.
ii. Research Assistants
Generally, the Department views graduate and
undergraduate students who are engaged in research
under a faculty member’s supervision in the course
of obtaining a degree as being in an educational
relationship with the school. As such, the Department
would not assert an employment relationship with
either the school or any grantor funding the research.
Thus, in these situations, the Department will not assert
8. Guidance for Higher Education Institutions on Paying Overtime under the Fair Labor Standards Act
that such workers are entitled to overtime. This is true
even though the student may receive a stipend for
performing the research. WHD Opinion Letter 1994 WL
1004845 (June 28, 1994). "
If this will affect you, I suggest talking to your HR department or whatever department handles your employment at the university. If you disagree with their assessment, I would take the advice in this answer from the FAQ:
Q. For graduate students who are doing pre-degree internships or practicum level training in health professions (doing clinical training under supervision not necessarily research in setting like the college counseling center, university medical center or a community mental health center) and receive a stipend, is the unpaid internship fact sheet (71) applicable or are they considered "learned professionals" as outlined in fact sheet (17D)? Is there another provision that includes student trainees who are not medical residents or interns?
A. We do not have enough information to give you a definite answer, but you may want to review the regulations governing "learned professionals" under 29 CFR 541.301. Please note that learned professionals will be subject to the new standard salary level ($913 per week) when it takes effect on December 1, 2016.
If you have further questions, we encourage you to reach out to your nearest Wage and Hour Division district office, which you can find here: https://www.dol.gov/whd/america2.htm.From here:
https://www.dol.gov/whd/overtime/final2016/webinarfaq.htm
