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Unpaid hours at night school job -- legal? Florida

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  • Unpaid hours at night school job -- legal? Florida

    I am a part-time teacher (adult high school) two evenings a week for a Florida public school system. I am paid for 3 hours a night, and students are there for 2:45 minutes. There is a bunch of required paperwork that no human could complete in that 15-minute paid non-teaching time. I feel the night school is taking advantage of the part-time teachers, expecting us to get this done on our own time, because the teachers always in the past have done it. Isn't the situation for teachers working on their own time different for someone who works 6 hours a week with no benefits, no assurance of work from semester to semester, etc.? Aren't they required to pay us if we are "permitted" to stay and work? Thanks in advance!

  • #2
    Maybe. Let's look at the obvious stuff first. How many hours are you actually working? For those hours actually worked, are you being paid at least $7.21/hr (FL's current MW)?

    Past that we have a complication that teachers are one of those very few groups of people that in theory can legally be paid as Hourly Exempt. However, that would not by itself make the "ignoring actual hours worked" go away. Also, this is a federal rule only and I have no idea if the FL minimum wage laws are applied to teachers or not. And there are other responders who are more familar with the nuances of paying teachers then I am.

    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.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Thank you!

      That link and quote told me exactly what I needed to know! I don't necessarily agree with the law, but now I know just what the law is for "learned professionals." Thanks so much.


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