Where a defendant school for tractor trailer training has moved to dismiss an overtime claim brought by a plaintiff who worked as an instructor, that motion should be allowed because the plaintiff is a “teaching professional” and therefore exempt from the overtime pay requirement of G.L.с. 151, §1A(3).

“This action relates to an alleged violation of the so-called Wage Act, G.L.c. 151, §1. The plaintiff, Jasminko Cerkezovic (‘Cerkezovic’), claims he performed overtime work for the defendant, New England Tractor Trailer Training of Mass., Inc. (‘NETTT’), between December 2022 and March 2025, but never received ‘time and a half’ compensation for such work. …

“NETTT argues Cerkezovic is a ‘teaching professional’ and therefore exempt from the overtime pay requirement of G.L.с. 151, §1A(3). The specific term ‘teaching professional’ is not defined in Chapter 151 of the General Laws or the C.M.R. However, as noted above, 454 C.M.R. §27.03(3) adopts the meaning of ‘bona fide professional’ found in 29 C.F.R. Part 541, a section of which addresses ‘teachers.’ …

“In Gonzalez v. New England Tractor Trailer Training Sch., a United States District Court judge in the District of Maryland observed, ‘A person who is a teacher falls within a ‘professional’ exemption if, as set forth in 29 C.F.R. §541.3, he is ‘teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge and … is employed and engaged in this activity as a teacher in a school system or educational...

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