Legal Question in Employment Law in Nevada
My girlfriend is an elementary school teacher at a small, private school. She receives a salary below $450 a week and usually works between 50 and 55 hours a week. I felt like she was getting too low a salary given the hours that she worked so I did some research and discovered that under Section 13(a)(1) of the Fair Labor Standards Act she must be salaried at a minimum of $455 a week to be exempt from overtime pay. My questions are:
1.) Is she entitled to back pay?
2.) If so, is she entitled to the difference between her salary and the mandated $455 a week, or is she entitled to minimum wage overtime pay ($12.38 an hour) for hours worked over 40, or is she entitled to something else entirely?
3.) How far back can she legally collect? She has been working there for many years.
1 Answer from Attorneys
Under the FLSA teachers are exempt from overtime pay and also do NOT have to receive the minimum salary required for other salaried exempt personnel.
But based upon the information you provide perhaps there is a minimum wage claim, based upon the number of hours being worked
Under Nevada law, which does not precisely follow the language of the FLSA, it is arguable that teachers are NOT exempt from Nevada's overtime pay requirements. Whether it would be sensible to press that sort of claim in a Court is another question....
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