Paraprofessional wages/rights under FLSA The Fair Labor Standards Act (FLSA) came about in 1938 as a result of the Great Depression. It was part of the New Deal championed by President Franklin D. Roosevelt. It is a federal law that sets minimum wages and currently requires overtime for hours worked in excess of 40 hours in a week. Most paraprofessionals in Texas schools are covered by the overtime and minimum wage requirements of the FLSA; most teachers are not.
Overtime
Generally, the FLSA requires that employees who work more than 40 hours in a one-week period be paid at a rate of 1.5 times their normal hourly rate for hours worked in excess of 40. Some factors to consider: •
Workweek: The employer can begin the workweek on any day of the week and at any hour of the day, but it must be a period of 168 hours during seven consecutive 24-hour periods. Most workweeks are the same as calendar weeks, running from Sunday through Saturday, but a workweek could start on Tuesday and run through Monday, for example. To determine if someone has worked in excess of 40 hours, each workweek must be reviewed independently.
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Hours worked: Generally, employees who are “engaged to wait,” meaning they are told to be available to do something, can count the “waiting” time as work hours. If an employee is completely relieved of all duties until a certain definite time, and can use the time as the employee sees fit, the “waiting” time does not count as work hours. Once an employee starts the workday, all time spent traveling must be counted as hours worked; however, traveling between home and the workplace does not count.
Overtime and minimum wage eligibility
If you are paid hourly and not categorized as an executive, administrator or professional (teacher, counselor, etc.), you are probably entitled to receive overtime pay. Covered employees include secretaries, education aides, hall and lunchroom monitors, custodial workers, bus drivers, cafeteria workers, security personnel and warehouse workers. A teacher who spends more than 50% of working hours within one week in a paraprofessional role (e.g., driving a bus) may be able to claim overtime. Both salaried and hourly workers may be entitled to overtime pay. Those in the executive, administrative or professional category who are paid hourly may receive overtime pay. Employees such as education aides or others in the covered employee categories are likely entitled to overtime pay even if they are salaried.
Current minimum wage
The federal minimum wage has been $7.25 an hour since 2009.
Volunteer work
A covered employee can volunteer to work without pay if Continued 2020-21 TCTA Survival Guide
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