Overtime pay help

[Edge05]

Fiance is a Florida charter school teacher assistant ( not an actual teacher) and she also does after care as well. Her pay Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? She’sbeen working the same schedule for the last 3 years. Thanks

 

[Just Blue]

Fiance is a Florida charter school teacher assistant ( not an actual teacher) and she also does after care as well. Her pay Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? She’sbeen working the same schedule for the last 3 years. Thanks

Please have your fiance post for herself. It is better if we deal with the actual legal party.

 

[LdiJ]

Fiance is a Florida charter school teacher assistant ( not an actual teacher) and she also does after care as well. Her pay Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? She’sbeen working the same schedule for the last 3 years. Thanks

It depends. Often after hour school jobs, such as aftercare, coaching, clubs etc, are completely separate jobs from classroom jobs and sometimes are paid from either a totally separate budget or by a separate entity.

So it could be yes, it could be no, or it could be a really grey area.

However, in the case of your fiancee she is getting approximately $13.50 an hour for her classroom pay and $20.00 an hour for the after care. That works out to be about the same as time and a half.

 

[PayrollHRGuy]

It depends. Often after hour school jobs, such as aftercare, coaching, clubs etc, are completely separate jobs from classroom jobs and sometimes are paid from either a totally separate budget or by a separate entity.

A different entity might get around FLSA. A different part of the budget would not.

How much he is getting paid per hour really depends on how many weeks per year he works.

 

[quincy]

Fiance is a Florida charter school teacher assistant ( not an actual teacher) and she also does after care as well. Her pay Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? She’sbeen working the same schedule for the last 3 years. Thanks

Your fiancée should have been receiving time and a half for any hours worked over 40 in a week. Florida continues to follow federal labor laws.

Florida does have new employment laws that go into effect in January 2020 but on minimum wage and not on overtime.

Starting January 1, the State’s minimum wage is $8.56/hour which is up from $8.46/hour.

If your fiancée was not compensated correctly for the hours worked, she can file a complaint for noncompliance, giving her employer 15 days to resolve the unpaid wage claim. If not resolved, she can sue for back wages owed, damages, and attorney fees.

There is a 2-year statute of limitations for filing.

 

[LdiJ]

A different entity might get around FLSA. A different part of the budget would not.

You are probably right. I am thinking mostly about teachers themselves (who also act as coaches etc) and they are not paid hourly so time and a half wouldn't apply anyway. They just get an extra stipend for coaching.

I do know however that some school districts do have separate legal entities for daycare and before and after care.

 

[PayrollHRGuy]

There is a variable we don't know.

If the $25k per year is salary and is paid out at $480/week he has a raise coming 1/1/2020.


Come to think of it this is probably why they are going to change the way he is paid. They are going to change the teaching job to salary and that is the new "law" they are talking about.

 

[quincy]

Your fiancée should discuss her pay with an employment law attorney in Florida.

 

[LdiJ]

There is a variable we don't know.

If the $25k per year is salary and is paid out at $480/week he has a raise coming 1/1/2020.


Come to think of it this is probably why they are going to change the way he is paid. They are going to change the teaching job to salary and that is the new "law" they are talking about.

Could a teaching assistant job qualify as exempt? Otherwise, what advantage would there be in changing it to salary? What am I missing?

 

[PayrollHRGuy]

Without digging in more I'm going to say, yes. At least enough for it to be an honest mistake on their part.
https://www.dol.gov/whd/overtime/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.

 

[PayrollHRGuy]

Could a teaching assistant job qualify as exempt? Otherwise, what advantage would there be in changing it to salary? What am I missing?

According to the OP he is already salary for the $25K. At least the OP never mentioned any hourly rate of pay. The minimum weekly is going up effective 1/1 and it will be higher than $25K.

 

[LdiJ]

Without digging in more I'm going to say, yes. At least enough for it to be an honest mistake on their part.
https://www.dol.gov/whd/overtime/fs17d_professional.htm

But the OP's fiancé is a teaching assistant, not a teacher.

 

[PayrollHRGuy]

But the OP's fiancé is a teaching assistant, not a teacher.

Hence my " At least enough for it to be an honest mistake on their part." comment.

 

[quincy]

Edge05 is posting for his fiancée - and she probably would be smart to go over all particulars with a Florida attorney.