August 2, 2016
Fair Labor Standards Act Impacts on Cooperative Extension
Changes to the Fair Labor Standards Act (FLSA) have raised considerable question and uncertainty. The primary change in the FLSA was to move the salary level required for the executive, administrative, and professional (“white collar”) exemption to ensure that the Fair Labor Standards Act’s (FLSA) intended overtime protections are fully implemented. The final rule will raise the salary threshold from $455 a week ($23,660 for a full-year worker) to $913 a week ($47,476 for a full-year worker) effective December 1, 2016.
So, what possible impact does this change in the FLSA rules have for Extension? Like other Cooperative Extension systems nationwide, we’ve been studying the rules to understand how the FLSA rules for higher education might impact us. Actually, those rules did not change, but were not closely studied because salaries were always above the FLSA threshold for exempt employees.
Much of the attention nationally is with Extension agents/educators. Nearly 25% of our Extension agents fall below the new FLSA salary threshold. Our continuing goal is in moving salaries up and beyond the FLSA threshold. And, working with our system nationally, to look carefully at the FLSA higher education rules for determining professional exemptions.
Specifically, the FLSA has several provisions that limit its impact on higher education. I encourage you to read the full guidance document or the three page summary on higher education. Within the provisions relating to higher education, there has always been the exemption for bona fide teachers. Within extension the exemption has never been discussed widely because the previous FLSA salary threshold was so far below current salaries. With this salary threshold change, a review of the teacher exemption and the responsibilities of Extension agents have been taking place. The Kansas Extension Council Law is pretty specific in purpose of an Extension agent.
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From Kansas County Extension Council Law (K.S.A. 2-608 through 2-622)
From K.S.A. 2-608
If a county extension council has been organized as specified in K.S.A. 2‑611 and amendments thereto or an extension district has been established under K.S.A. 2‑623 and amendments thereto, for the purpose of giving instruction in agriculture, marketing, home economics, 4‑H club and youth work, community and resource development, and economic development initiatives to the people of the county or extension district, as the case may be, through practical demonstrations, meetings, publications, and otherwise, and the employment of an extension agent or agents to prosecute such instructions, the Kansas State University of Agriculture and Applied Science shall contribute from federal and state funds granted for cooperative extension work an amount of not less than $l,500, as far as such funds are available, towards the salary of each extension agent employed.
From K.S.A. 2-616
Purpose of extension councils and districts; certain fees authorized; limitations. (a) Each county extension council or extension district shall have for its sole purpose the giving of instruction and practical demonstrations in agriculture, marketing, home economics, 4‑H club and youth work, community and resource development, and economic development initiatives to all persons in the county or extension district, as the case may be, and the imparting to such persons of information on those subjects through practical demonstrations, meetings, publications, or otherwise, in accordance with the program and service prescribed by the council or the governing body of the extension district, as the case may be.
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I’m going to review in the coming weeks the position description for an Extension agent to provide some guidance on the question “are Extension agents instructors/educators/teachers?”