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  • No OVERTIME Texas

    I am working as a instructor in Texas. I worked a 60 hour week teaching day and nights with a 2 hour break in the middle and I got straight pay. No OT. I asked what was going on and they said the school doesnt pay overtime. He stated that since I also worked those EXTRA hours my next term schedule would only be a half day class (3 hours) for the next four weeks, then I will work day and night again for the following four weeks, so it all adds up (BUT NO OT). Is this right?? I have been in the electronics field and ALWAYS got time and a half. I just dont know if this school can get away with it because they are small. Please let me know before I go raise more hell.

  • #2
    Under federal law, teachers can be classified as exempt from overtime.

    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.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      My question would be what type of teacher are you and who is your employer? Public school? Private school? Training vendor?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        I teach electronics at a technical school. Does this mean I am exempt from OT??

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        • #5
          Originally posted by dannyboy3461 View Post
          I teach electronics at a technical school. Does this mean I am exempt from OT??
          You can be (and likely are). The law does not require anyone to be exempt. Employers are free to classify someone who could be exempt as non-exempt, but some folks can only be non-exempt, never exempt (such as "blue collar workers").

          The only possible out for you is if your school does not meet the definition of an educational establishment AND you fail to meet the criteria to be classified as exempt under one of the several exemptions. For example, if your school is not an educational establishment as defined below AND you don't make at least $455 a week, you would have to be classified non-exempt.

          From the DOL FLSA Overtime Security Advisor:

          Educational establishment
          An elementary or secondary school system, an institution of higher education or other educational institution. Sections 3(v) and 3(w) of the FLSA define elementary and secondary schools as those day or residential schools that provide elementary or secondary education, as determined under state law. Under the laws of most states, such education includes the curriculums in grades 1 through 12; under many it includes also the introductory programs in kindergarten. Such education in some states may also include nursery school programs in elementary education and junior college curriculums in secondary education. No distinction is drawn between public and private schools, or between those operated for profit and those that are not for profit.

          Other educational establishment
          The term "other educational establishment" includes special schools for mentally or physically disabled or gifted children, regardless of any classification of such schools as elementary, secondary or higher. Factors relevant in determining whether post-secondary career programs are educational institutions include whether the school is licensed by a state agency responsible for the state's educational system or accredited by a nationally recognized accrediting organization for career schools. No distinction is drawn between public and private schools, or between those operated for profit and those that are not for profit.
          Last edited by ScottB; 10-13-2006, 07:13 AM.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            Yeah, ScottB, that was the intent of my question, too. I'm not convinced that a technical school such as this would fall under the definition of an "educational institution" for this purpose. OP, you can contact the federal Dept. of Labor at 866-4-USADOL to ask this question.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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