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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36125
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Have a school as a client, the teachers are salaried

Customer Question

have a school as a client, the teachers are salaried employees.
some of them get extra pay(hourly) for working with the kids after school.
This extra hours puts them over 40 hours a week. Should they get overtime rates for the over 40 hours. Even though there salaried for the first 35 hours/???
Submitted: 3 months ago.
Category: California Employment Law
Expert:  LawTalk replied 3 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades, and I handle employment law.

Presuming that the teachers are salary exempt employees under the Professional exemption to FLSA overtime wages, the we have to look to whether more than 50% of the time they spend working for the employer is in an exempt capacity. So, where a professional teacher teaches 35 hours a week and works less than 35 additional hours per week in working with kids after school, then the teachers' after school wages would not be subject to overtime wages.

So, presuming that the teachers being paid for a few hours a week of after school interaction with the children, those wages would not be subject to overtime unless those after school hours actually exceeded the 35 hour per week mark.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 3 months ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. You can request a call by clicking on the "Call Me" button on your page.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

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