Academic Advisors May Be Exempt From FLSA

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December 1, 2005

The U.S. Department of Labor issued an opinion letter on October 24 finding that academic advisors may be exempt under the Fair Labor Standards Act. The department found that academic advisors and intervention specialists who assist students with class selection, educational goals, and graduation requirements are exempt from FLSA minimum wage and overtime requirements.

The community college that filed the inquiry noted that the primary responsibilities of both the advisors and specialists “include orienting students regarding admissions, placement testing, registration processes, policies, procedures, resources, and programs; reviewing academic records, placement tests, and other standardized test results with students in order to develop course selections consistent with their career choices and degree requirements; and developing a term-by-term schedule and an outline of a program of study.” Based on these duties, the department found that the employees would be exempt under the academic administrative employees exemption contained in 29 C.F.R. § 541.204. The full explanation of advisors’ duties and the department's rationale is contained in a letter on the department's Web site.