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

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


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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