Know the Law About Your Wages and Hours
As a school employee, you're covered by important federal and state laws regulating your wages and hours worked.
Fair Labor Standards Act (FLSA)
This federal law sets a minimum wage and regulates overtime pay. The law
requires that all hours worked over 40 in a work week be paid at time and
one half. Compensatory time (paid time off instead of overtime pay) is
only allowed if you agree to it. The 40-hour rule applies to the total
hours you work for the school, even if it's in more than one classification.
This law applies to you even if you're paid on a salary.
A school district has to follow these minimum requirements, but the law allows the association to bargain wages, overtime pay and holidays. Talk to your association rep and/or UniServ director about what other rights your contract gives you.
Remember -- there are now new regulations regarding overtime. The changes have brought about more confusion and many lawsuits.
Here are some rules which govern overtime:
- If you earn a set salary, you are not eligible for overtime.
- Employees who earn a minimum salary of $455 a week or $23,660 a year are not eligible for overtime.
- If your job is considered “administrative, professional or executive” you are not eligible for overtime. This change is causing the most controversy.
Right now state law and bargained contracts can take priority over the federal law. But if you’re going into bargaining, your current language may no longer be included in your new contract. Talk to your association leaders and UniServ director for help.
Michigan Payment of Wages and Fringe Benefits
This is an important state law that regulates how and when you are paid.
Under this law, wages have to be paid within a certain length of time after
you earn them. The law also keeps districts from deducting money from your
paycheck without your agreement.
Talk to your association rep and/or UniServ director for more information or if you feel you may have a claim. There are time limits for making a claim.