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  • Question

    Is the SCA applicable to an group that provide training? Would it not fall under Exemption for Professional Employees under th Fair Labor Standards Act (FLSA)?


    Answer

    Teachers who work at "educational establishments" are exempt from the Service Contract Labor Standards (note that it's no longer called the Service Contract Act). "Teachers" are defined at 29 CFR 541.303(a). "Educational establishments" are defined at 541.204(b). Commercial training vendors do not qualify as educational establishments, so the Service Contract Labor Standards will apply in your case.

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