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Required duties, but not compensated Ohio

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  • #16
    thanks for responding

    Thank you for your response. I am not sure if you are aware that this is an hourly position teaching the GED curriculum or ESL to adults. The problem, which everyone complains about, is that extra non-teaching duties are piled on without any consideration being given to how much time these duties take. We are even asked to clean out cabinets and storerooms of all books and supplies, pack them up, carry them to our cars and load them, and deliver them to different locations--no time compensated, no mileage reimbursement. The time it takes to complete the paperwork for each student folders is ludicrous. There are MANY other required duties as well, including constantly being asked to drive to an out-of-the-way location to pick up this and that or the other thing. The 45 minutes of planning time does not even come close to matching up with the time needed to do all that is asked. People quit because of this. Other people are trapped. Is it really legal to require someone to work 7 hours on student folders at the end of the year without compensation? And as mentioned above, that is only one of the required duties. The question is--where is the line drawn? Just keep expecting more and more and more without any mention of compensation for our time? And when teachers do bring it up personally with the supervisor, the response is a brush-off. No willingness to discuss how these issues may be resolved. That is dispiriting.

    Concerning my required resignation, I was not really asking them to wait for me while I looked around to see if there was something better. It was not explained to me why I needed to formally resign, but I am assuming that paperwork needed to be submitted showing that I was no longer working at that particular site. I will just assume that to be true as there is never an explanation about anything. I am still in the program as a sub, and should there be another opening at a different or probably even the same one, I could respond that I am interested. So I will drop that resignation question.

    I still do not agree, however, that an hourly wage earner may be asked to do endless, time-consuming duties without compensation. What difference does it make, whether it be teacher or stocking shelves? An hourly job is an hourly job.

    Thanks again, Kathy





    Originally posted by ElleMD View Post
    I'm a little late to the party but as a teacher, you are not entitled to either minimum wage nor must you be paid on a salary basis in order to be considered exempt.

    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.

    And your employer does not have to wait and see if you feel like working this fall. They need to either find a teacher, which can take weeks, or count on you being there. Keeping them on the fence because you are waiting to see if a better deal comes along is not acceptable for 99% of employers. They gave you a chance to be employed and you essentially declined. They moved on, which is what I'd expect them to do. Ask if you are able to reapply in the event that an opening you do want comes available.

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    • #17
      Unfortunately, you just described the life and career of every teacher out there. Fair or not, the law permits this work to be "uncompensated". Expectations and responsibilities versus pay are among the biggest reasons it is harder and harder to find and keep good teachers. That doesn't make it illegal. Mileage reimbursement is only required in a very few states and in a very few instances, absent a CBA. Yours is not one of those states. If you do not have a contract which requires mileage reimbursement for certain duties, no employer is obligated to provide this. If you track them, you may be able to deduct those miles on your taxes.

      BTW, I have been a teacher and still work in education, so I am not unsympathetic.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #18
        I understand, but...

        Hi,

        I understand your point, but I believe you are referring to salaried, full-time teachers. I am referring to a very part-time, hourly position. I am not sure the same policy applies--it may, I am just not sure. With a salaried, full-time position, I doubt anyone would be putting in MORE total hours than they actually get paid for. With my position, which is often, believe it or not, less than seven hours per week, we can easily put in double the seven hours every week. In reality, most of us make minimum wage. If what you say does apply to my position, then one would think the supervisors would be a little more empathetic, which they are not. You would think they would try to be creative--in the area of having us constantly drive to the Central Office to pick up or drop off stuff, for example. You would think they might go to bat with the state and see if someone could be hired to work on student folders, especially in the area of the detailed post-test information which anyone could do. Unfortunately, that won't happen where I work. The teachers are used to do whatever is necessary to make certain people look good to the state--one of whom makes a fat salary with benefits. Sad indeed.

        --Kathy


        Originally posted by ElleMD View Post
        Unfortunately, you just described the life and career of every teacher out there. Fair or not, the law permits this work to be "uncompensated". Expectations and responsibilities versus pay are among the biggest reasons it is harder and harder to find and keep good teachers. That doesn't make it illegal. Mileage reimbursement is only required in a very few states and in a very few instances, absent a CBA. Yours is not one of those states. If you do not have a contract which requires mileage reimbursement for certain duties, no employer is obligated to provide this. If you track them, you may be able to deduct those miles on your taxes.

        BTW, I have been a teacher and still work in education, so I am not unsympathetic.

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        • #19
          As I have said before, the salary requirement does not apply to teachers. Nor does "full time" have any meaning or definition under the law. What matters is that you are a teacher. As such, you aren't entitled to minimum wage, nor the minimum salary weekly salary most exempt employees are entitled to or any particular pay method. If you think "FT" teachers are not doing any work outside their regularly scheduled workday or doing any of the things you are doing beyond teaching the class and spending 45 minutes prepping lessons, you are sadly mistaken. Double that time if there is a student with a 504 or IEP (the bane of any teacher's existence). Lesson plans, parent conferences, IEPs, staff meetings, picking up materials, grading, report cards, tutoring, classroom set up, clean up, test prep, home visits, contacting absent students, attendance, collecting/storing/inventorying textbooks, and more all are standard expectations and almost never happen during the standard workday. Fair or not, Congress exempted teachers from being paid for every hour they work, probably because no system could afford to pay for each of those hours nor OT.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #20
            Thanks again

            Thanks, and no, I was not at all implying that FT teachers do not do work outside their scheduled hours. --Kathy



            Originally posted by ElleMD View Post
            As I have said before, the salary requirement does not apply to teachers. Nor does "full time" have any meaning or definition under the law. What matters is that you are a teacher. As such, you aren't entitled to minimum wage, nor the minimum salary weekly salary most exempt employees are entitled to or any particular pay method. If you think "FT" teachers are not doing any work outside their regularly scheduled workday or doing any of the things you are doing beyond teaching the class and spending 45 minutes prepping lessons, you are sadly mistaken. Double that time if there is a student with a 504 or IEP (the bane of any teacher's existence). Lesson plans, parent conferences, IEPs, staff meetings, picking up materials, grading, report cards, tutoring, classroom set up, clean up, test prep, home visits, contacting absent students, attendance, collecting/storing/inventorying textbooks, and more all are standard expectations and almost never happen during the standard workday. Fair or not, Congress exempted teachers from being paid for every hour they work, probably because no system could afford to pay for each of those hours nor OT.

            Comment

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