Hired on an hourly wage, but refused to be compensated for "too many hours", requested to be worked by employer!

Asked over 5 years ago - New York, NY

I was hired as a teacher, but not offered a contract w/ yearly salary, benefits etc. My compensation - hourly wage. I was asked to log in hours (typically 40-50 a week) on a weekly basis.

I was asked to go on an out-of-town trip with no separate payment schedule or flat honorarium offer, besides my hourly wage contract.

Once i came back from the 8-day trip, my principal refused to pay all the hours i worked during the trip, during which i was responsible for children on a 24/7 basis - sharing a tentn with them, etc. constant supervision.(total 127 hrs)

Are there grounds for a claim that i should have "volunteered" for a good chunk of these hours, provided no offer, let alone agreement on an alternative payment schedule had taken place besides the only agreed upon and signed hourly wage?

Attorney answers (1)

  1. Arthur H. Forman


    Contributor Level 17

    Answered . As a professional, your employer is entitled to pay you a yearly salary. In such case, you are paid the same weekly amount whether you work 3 hours a day or 13. If the school chooses to pay you by the hour, then they can only pay you for 3 hours if that's how long you work. BUT they have to pay you for 13 hours if that's how long you work. PLUS, you are entitled to 1 and 1/2 your hourly rate for every hour over 40 you work in any one week.

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