The national Fair Labor Standards Act (FLSA) is the law that protects employees from overtime abuse and ensures that eligible employees are paid for all the work they perform.
Employees covered by the FLSA (bus drivers, cafeteria staff, teacher assistants, secretaries, and other similar employees) must receive overtime compensation for any hours worked over 40 in a workweek. Sorry teachers but teaching professionals are specifically exempt by federal law from overtime.
Overtime pay is at a minimum of 1.5 of their regular pay.
Overtime vs. Compensatory Time
Check your local school district’s policies because many school districts opt to provide compensatory time rather than overtime pay. Comp time can be accrued and used in place of your state personal leave or local sick leave. However, most districts state that comp time not used by a specific time will be converted to overtime pay.
Working off the Clock
UEA’s best advice is never to work off the clock. You deserve to be paid for all the hours you work. Supervisors should never pressure you to work off the clock, and you should not take work home or “clock out” and continue to work.
Additionally, you should always get approval from your supervisor before you do overtime work.