Legal Question in Employment Law in Nevada

Exceeding Full-Time Status

The for-profit institution I teach for has recently made it a requirement that all instructors are to work a full, 40 hr. work week. This was not always the case, and we used to be able to receive ''full-time'' status by teaching 6 or 7 classes @ 5 hours each. I'm outraged at this recent announcement, especially since the company also ''encourages'' to attend graduations, in-services and meetings often times which fall on our days off (so that they may get the 'maximum' instructor turn-out). I already feel as if I dedicate a lot of my personal time to this job, taking home grading and putting in a lot of preparation for my lectures. I feel they've reached a limit with this 40 hours a week, and was wondering if they can LEGALLY assign us to any more work? They have just released a memo which calls for a UNPAID ''mandatory'' meeting and boldly states ''no exceptions, even if it is your day off''. Are they allowed to get away with this?


Asked on 6/19/04, 1:04 pm

1 Answer from Attorneys

Leon Greenberg Leon Greenberg Professional Corporation

Re: Exceeding Full-Time Status

I presume you are paid on a salary basis (per year or month or week). I also presume that even if you are working well over 40 hours a week you are still making more than $7.72 per hour for every hour you work (if this is not correct advise me). Since you are a teacher you are exempted from the Federal Overtime Pay laws that cover most other workers. Unless you have a written contract specifying what hours you need to work to receive your salary, or there is a union contract (collective bargaining agreement) that covers this issue of your employment, your employer can tell you that you must work more hours for the same pay (you, of course, can refuse to do so and quit). This is not fair but I do not believe you have any other legal recourse individually. I could suggest you consider collective action with your co-workers (i.e., trying to either form a union on your own or trying to get an existing union to come in and provide representation to all of the teachers). You are protected under law from discharge from employment for engaging in union or other collective activities, but unfortunately those legal rights are sometimes difficult for workers to enforce.

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Answered on 6/22/04, 2:55 pm


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