C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 541—DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES › Subpart C—Administrative Employees

29 C.F.R. § 541.204

Educational establishments

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(a) The term “employee employed in a bona fide administrative capacity” in section 13(a)(1) of the Act also includes employees:

(1) Compensated on a salary or fee basis at a rate of not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employers other than the Federal government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging, or other facilities; or on a salary basis which is at least equal to the entrance salary for teachers in the educational establishment by which employed; and

(2) Whose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment or department or subdivision thereof.

(b) The term “educational establishment” means an elementary or secondary school system, an institution of higher education or other educational institution. Sections 3(v) and 3(w) of the Act define elementary and secondary schools as those day or residential schools that provide elementary or secondary education, as determined under State law. Under the laws of most States, such education includes the curriculums in grades 1 through 12; under many it includes also the introductory programs in kindergarten. Such education in some States may also include nursery school programs in elementary education and junior college curriculums in secondary education. The term “other educational establishment” includes special schools for mentally or physically disabled or gifted children, regardless of any classification of such schools as elementary, secondary or higher. Factors relevant in determining whether post-secondary career programs are educational institutions include whether the school is licensed by a state agency responsible for the state's educational system or accredited by a nationally recognized accrediting organization for career schools. Also, for purposes of the exemption, no distinction is drawn between public and private schools, or between those operated for profit and those that are not for profit.

(c) The phrase “performing administrative functions directly related to academic instruction or training” means work related to the academic operations and functions in a school rather than to administration along the lines of general business operations. Such academic administrative functions include operations directly in the field of education. Jobs relating to areas outside the educational field are not within the definition of academic administration.

(1) Employees engaged in academic administrative functions include: the superintendent or other head of an elementary or secondary school system, and any assistants, responsible for administration of such matters as curriculum, quality and methods of instructing, measuring and testing the learning potential and achievement of students, establishing and maintaining academic and grading standards, and other aspects of the teaching program; the principal and any vice-principals responsible for the operation of an elementary or secondary school; department heads in institutions of higher education responsible for the administration of the mathematics department, the English department, the foreign language department, etc.; academic counselors who perform work such as administering school testing programs, assisting students with academic problems and advising students concerning degree requirements; and other employees with similar responsibilities.

(2) Jobs relating to building management and maintenance, jobs relating to the health of the students, and academic staff such as social workers, psychologists, lunch room managers or dietitians do not perform academic administrative functions. Although such work is not considered academic administration, such employees may qualify for exemption under § 541.200 or under other sections of this part, provided the requirements for such exemptions are met.

[69 FR 22260, Apr. 23, 2004, as amended at 81 FR 32549, May 23, 2016; 84 FR 51306, Sept. 27, 2019; 89 FR 32971, Apr. 26, 2024; 91 FR 27835, May 15, 2026]
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 2007–2022 · leading case: Fernandez v. Zoni Language Centers, Inc., 858 F.3d 45 (2d Cir. 2017).
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Fernandez v. Zoni Language Centers, Inc., 858 F.3d 45 (2d Cir. 2017). · cites it 9× “For the reasons stated herein, we conclude that the Zoni Centers are “educational establishments” under 29 C.F.R. § 541.204 (b) and, accordingly, we affirm the judgment in defendants’ favor.”
Volpe v. Am. Language Commc'n Ctr., Inc., 200 F. Supp. 3d 428 (S.D.N.Y. 2016). · cites it 6× “” 2 29 C.F.R. § 541.204 (b). The parties agree that ALCC can qualify as an “educational establishment” only if it is an “other educational institution” because ALCC is neither “an elementary or secondary school system” nor “an institution of higher education.”
Astor v. United States, 79 Fed. Cl. 303 (Fed. Cl. 2007). · cites it 5× “See 29 C.F.R. § 541.204 (b) (2004). III. Plaintiffs Do Not Qualify as “Teachers” Engaged in the “Imparting of Knowledge” under OPM’s FLSA Regulations.”
Sims v. United States, 125 Fed. Cl. 119 (Fed. Cl. 2016). “” 29 C.F.R. § 541.204 (b) In this case, the solicitation specified that the instructor was to teach an “established horticulture program” that was “approved through the New River Community College.”
Coleman-Edwards v. Simpson, 330 F. App'x 218 (2d Cir. 2009). “29 C.F.R. § 541.204 (a)(2). The exercise of discretion and independent judgment “implies that the employee has authority to make independent choice, free from immediate direction or supervision,” though decisions or recommendations that are “reviewed at a higher level,” may…”
Volpe v. Am. Language Commc'n Ctr., Inc., 692 F. App'x 51 (2d Cir. 2017). “In another case involving both Volpe and his counsel, we recently held that certain other facilities providing English-language instruction were “educational establishment[s]” under 29 C.F.R. § 541.204 (b). Fernandez v. Zoni Language Ctrs.”
Nurradin v. Tuskegee Univ. (CONSENT) (M.D. Ala. 2022). · cites it 2× “204 (b), Defendant argues that the exemption of GRAs from the FLSA applies to “educational establishments,” which includes institutions of “higher education,” and that Plaintiff therefore, as a matter of law, is not entitled to overtime or minimum wage payments.”
Volpe v. Am. Language Commc'n Ctr., Inc. (2d Cir. 2017). “18 In another case involving both Volpe and his counsel, we recently held that 19 certain other facilities providing English‐language instruction were “educational 20 establishment[s]” under 29 C.F.R. § 541.204 (b). Fernandez v. Zoni Language 21 Ctrs.”
Johnson v. Colorado Seminary (D. Colo. 2019). “” 29 C.F.R. § 541.204 (b). That regulation goes on to explain that “[u]nder the laws of most states,” an elementary school system “includes the curriculums in grades 1 through 12,” but that “[s]uch education in some States may also include nursery school programs in elementary…”
Johnson v. Colorado Seminary (D. Colo. 2020). “84), the Court determined that it did not need to reach this issue in order to rule on either motion for summary judgment.”
Marn v. Els Educ. Servs., Inc. (D.N.J. 2020). “29 C.F.R. § 541.204 (b). The Second Circuit has concluded that private companies in the business of providing English language classes to individuals who speak English as a second language are “other educational institutions” within the meaning of § 541.”
Hoeller v. Carroll Univ. (E.D. Wis. 2021). “See 29 C.F.R. § 541.204 (b). 3 plaintiff is prevented from “pleading plausible minimum wage and overtime claims” under the FLSA.”
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— 29 C.F.R. § 541.204(b) — 1 case
Volpe v. Am. Language Commc'n Ctr., Inc., 200 F. Supp. 3d 428 (S.D.N.Y. 2016). “” 2 29 C.F.R. § 541.204 (b). The parties agree that ALCC can qualify as an “educational establishment” only if it is an “other educational institution” because ALCC is neither “an elementary or secondary school system” nor “an institution of higher education.”
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