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I have recently learned that, among our full time staff at…

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I have recently learned that...
I have recently learned that, among our full time staff at an educational institution, some of us are paid 1.5 times the hourly wage for additional adjunct work while others are not. This is completely parallel-- both in full time positions and in adjunct work done. Is this legal? How should I proceed if this is being done to me and a co-worker?
Submitted: 7 months ago.Category: Employment Law
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10/4/2017
Employment Lawyer: John, Employment Lawyer replied 7 months ago
John
John, Employment Lawyer
Category: Employment Law
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Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 7 months ago

In New York and pretty much every other state, you're only owed 1.5 times hourly rate for hours in excess of 40 per workweek, and that is if you are paid an hourly basis. If I understand your question correctly, you are paid hourly and would be owed 1.5 times hourly rate for hours in excess of 40. The fact that it is for adjunct work is not material to the question. Rather, the question is whether you're working more than 40 hours per week. Likewise, that others were paid a premium for adjunct work, doesn't mean that everyone else has to be paid a premium for that. Again, the issue is whether you are paid the 1.5 times hourly rate for hours in excess of 40. You can go back three years in time and claim/file a lawsuit for the rate for all hours in excess of 40 less what you were paid for straight time.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 7 months ago
Hi,
Thanks for your reply. However, I do not believe my original issue was understood, as I have no answer. I will clarify presently. This issue is not about working in excess of 40 hours weekly. In academia, it is customary to pay educators 1.5 times their time at work due to preparation and grading needs above class time. So typically, an educator who teaches a 6 hour class is paid 9 hours for preparation and grading. This practice is being done for SOME of the full time educators where I work, and NOT for others. We are in identical positions, working identical adjunct hours/responsibilities. However, my director has chosen to pay some of us 1.5 times our adjunct hours and NOT others. This seems like discrimination to me. Do I have legal grounds for insisting that I be compensated at the same rate my peers have been?
Employment Lawyer: John, Employment Lawyer replied 7 months ago

There is no law mandating the 1.5x hourly rate for prep and granding above class time. The only way you could make such a case is if were discriminatory against you for a protected reason, such as your age, race, gender or religion etc., or that there was a contractual obligation of the school. The fact that others are paid it and you were not is not inherenly illegal absent these additional factors. In other words, absent a contract, the school has no obligation to pay everyone the same rates.

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