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Not getting paid for extra required work in school system Ohio

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  • Not getting paid for extra required work in school system Ohio

    I have worked for a school system for a number of years. However about 6 years ago we started building new school buildings, and my normal job now had the added resposibilities involved with this building process. I used to coach and was told I would have to stop coaching becuase I needed to concentrate more on my real job and my real job now had the added responsibility of this construction. I was required to be there nights, weekends, whenever it was convienient for contractors to be there to do thier work and I needed to be there to oversee the work, answer questions so on and so forth. It wasn't just me, there were 3 of us that had to do this. I do not beleive that any of us got a day off for 3 years other than a week for vacation. on the 4th year the school board decided that hey these guys have had to do too much and paid us for an extra 20 days that year. It was a nice gesture but still wasnt near what we should have recieved. Is there anyway that we can collect for any or all those extra hours that were required of us??

    My wife kept telling me that they were working me to death and as soon as I got everything up and running correctly they would let me go.... guess what she was right.

  • #2
    The normal private sector rules are minimum wage and overtime for hours worked past 40 in the workweek. There are a whole bunch of exceptions to those rules (say 100 or so).

    Public sector employers, such as maybe a school district, work under a somewhat different set of rules then private sector employers. Overtime is still an issue but there are some different handling such as comp time as possibilities.

    Lets start in the beginning.
    - Exactly what are your job duties? How much spent on each duty? Do you supervise? If so, how many employees? Are you doing any actual teaching other then coaching? Does this teaching require specific credentionals?
    - Is the school system public sector?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      In addition to DAW's questions, you might take up with issue ith your school board or union directly. With public sector employment there is what the law requires, then there is what is required/permitted/customary/granted by either school board regulation or union contract. Both of these are typically far more generous than the law.
      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.


      • #4
        job duties

        public school system
        Exactly what are your job duties?duties are widespread, monitor, repair program over 1700 computer systems, basically oversee and fix anything that plugged into the wall.

        once construction came I needed to baby sit all the contrators while they were doing there thing and someone from school needed to be there with them. thats how I racked up soo many hours becuase everything was technology based in the new buildings once the brick and mortar was up i needed to be there for most of the inside stuff
        How much spent on each duty? varied according to what was needed each day
        Do you supervise? yes
        If so, how many employees? just 1.
        Are you doing any actual teaching other then coaching? coaching was a supplamental contract so not part of normal duties and got paid when i coached, do training sessions from time to time with staff on inservice days once ever 2-3 months
        Does this teaching require specific credentionals? knowledge of whatever program I was going over.

        the new superintendent bragged that the tech where he came from didnt even have a high school education... thus he didn't see the need for me to have all my education.


        • #5
          not paid

          also the BOE the 4th year of this non stop 16 plus hour days during this construction process came to me and said hey we are going to pay you an additional 20 days on this contract to help offset all these hours you will be working, we are sorry we didn't think of this before.


          • #6
            Based on your duties, you are a vanilla non-exempt employee subject to minimum wage and overtime rules. You do not supervise enough to pass the Executive test and nothing you said indicates that you pass the Teacher (Professional) test. Your job duties are wrong for the IT Professional exception. I suppose that the employer could claim the Administrative exception is in play, but I do not like their chances. That exception is so over claimed that the government tends to be very skeptical.

            Having said that, you are working for a governmental employer which always complicates the heck out of things. There is a possibility of comp time which would not otherwise exist. There is a chance that the employer will claim that you are volunteering. That dog will not hunt private sector but there is some small chance it will work with a governmental employer. Past that, I am strictly private sector. I have some familarity with governmental employer rules but I am far from expert in that area. Past that, we have a regular responder (probably ElleMD) who knows a lot more about school related employment then I do. I cannot see how someone can hang the Teacher exception on you based on your job duties, but maybe she knows something I do not.

            Have you ever been paid overtime? If so, how did the mechanics work? Time-and-a-half for hours worked past 40 in the workweek? Something else? Is the phrase "comp time" something mentioned to you? There are a bunch of possible hair ball exceptions but it would be nice to get some sort of indication of what the employer is thinking.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)


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