I work at a daycare in Texas. I have my BA. When I worked with the young one year olds, I was paid OT after 40 hours, however when I moved up to teach Pre-K, the owner told me that she didn't pay her degreed teachers OT, only straight time after 40 hours. I've wondered at the legality of this but don't want to lose my job, as they are very termination-happy. There are several more people that this applies to, but no one is willing to rock the boat. Does Texas have any law pertaining to OT for hourly people who happen to hold degrees? Or does the federal law apply? If this is illegal, how do I proceed and may I do so anonymously? I'm not owed a whole lot of money, but I don't appreciate not being paid what I'm owed. Thanks for your help.

Under federal law, teachers may be exempt as a professional, assuming that you are paid at least $455 per week.

http://http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17d_professional.pdf

Actually it is legally possible for teachers to be Hourly Exempt. (Also doctors, lawyers, RNs and certain highly compensated computer professionals have possible Hourly Exempt payment methods under the Professional exception).

http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17d_professional.pdf

Teachers
Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment. Exempt teachers include, but are not limited to, regular academic teachers; kindergarten or nursery school teachers; teachers of gifted or disabled children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft flight instructors; home economics teachers; and vocal or instrument music teachers. The salary and salary basis requirements do not apply to bona fide teachers. Having a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge includes, by its very nature, exercising discretion and judgment.