Non exempt employee required to work extra hours

[marko358]

(Washington State)

Hello,

My wife is a 1st year teacher at a small, private Montessori school. The school gives first year teachers a contract using an hourly rate instead of salary. She is required to work one night per month for an additional 2 to 4 hours past her normal scheduled working hours. She is also required to work one weekend day each month for 2 to 4 hours. In both of these scenarios she was instructed that she will not be paid even though this is a requirement of her.

This is an excerpt from her contract, verbatim:

"Your regular working hours will be Monday through Friday, 8:00 a.m. – 3:30 p.m. You are required to participate in one extracurricular evening or weekend event each month."

Seeing that she is non-exempt, is this not illegal for the school to require my wife to work these additional hours without being paid?

Thanks in advance!

 

[ecmst12]

If she is non exempt, then by law she must be paid for all hours worked and time and a half for overtime (any hours over 40 in a week). However, she might be hourly exempt.

 

[marko358]

Thanks for the quick reply. Her contract does not mention that she is hourly exempt. In fact, there is no mention of exempt vs non-exempt status.

 

[ecmst12]

I would expect that a teacher is an exempt position.

 

[marko358]

How would we know her status if it's not in the contract?

 

[I'mTheFather]

Certified teachers are exempt.

http://www.lni.wa.gov/workplacerights/files/policies/esa95.pdf

 

[marko358]

Thanks for the link.

 

[TinkerBelleLuvr]

What grade is she teaching?

It's the "paid hourly" part that is an issue:
http://www.dol.gov/whd/overtime/fs17g_salary.pdf

Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation
each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of
variations in the quality or quantity of the employee’s work. Subject to exceptions listed below, an exempt
employee must receive the full salary for any week in which the employee performs any work, regardless of the
number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they
perform no work. If the employer makes deductions from an employee’s predetermined salary, i.e., because of
the operating requirements of the business, that employee is not paid on a “salary basis.” If the employee is
ready, willing and able to work, deductions may not be made for time when work is not available.

 

[I'mTheFather]

According to the following, teachers are still exempt:

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

"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."

 

[TinkerBelleLuvr]

I agree, except for one minor problem. She is paid HOURLY. They lose the protection of non-exempt if they will dock her for any absences.

 

[ecmst12]

You can be hourly and exempt. There is no mention of her being docked pay in any way that would negate the exemption.

 

[I'mTheFather]

Tink, I would agree, but teachers fall outside of the regular requirements. Though the case below deals with overtime pay, not absences, it does state that hourly-paid teachers are still exempt.

https://casetext.com/case/wilks-v-district-of-columbia/

I'm interested in the rest of the wording of the wife's contract regarding pay and hours.

 

[cbg]

Teachers fall into that very small category of hourly exempts. Remember; not all exempt employees are salaried; not all salaried employees are exempt.