Legal Question in Employment Law in New York

Librarian under teachers contract told she must keep the libray open late withou

September of 2004 I was hired as a school librarian at a Catholic boys school in the Bronx. At the time, I was told I was to keep the library open until 4 and attend all department chair meetings. I assumed I would be getting a department chair paycheck. When I saw my first paycheck, I noticed it was considerably short. I complained and was told that was what I agreed to. I was not happy being misled or one might say, downright deceived. When I got my contract for 2005-2006, I noticed it said teacher, not department chair or librarian. The bargaining agreement says that all teachers can leave at 2:45. It also says any teacher being asked to stay after 2:45 is to be paid a stipend. I have been closing the library at 2:45 since May. A new principal is threatening to write me up. I have met with him and a union rep. Now at 2:30, they are offering only $1000 for the year, considerably less than any of the men coaching or anything else earn. I figure this is less than minimum wage. Any advice? Could I get back pay for last year? What if I tentatively accept? Was this a contract violation from last year? I have even had to fight for a bathroom break, also in contract.


Asked on 9/14/05, 2:30 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Librarian under teachers contract told she must keep the libray open late wi

Never assume when dealing with employment terms.

File a greivance certainly, I would have to look into the specifics of your situation but it sounds to me like they underpaid you.

Normally, under the FLSA, you should be entitled to overtime if its not considered regular time, and you are not exempt,and overtime is time and 1/2.But I'm not sure about the provision of your CBA . Give it a shot. Otherwise, treat it as an unpaid back wages claim.

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Answered on 9/15/05, 4:29 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Librarian under teachers contract told she must keep the libray open late wi

This is really a question pertaining to the collective bargaining agreement. If you have a remedy it is through a grievance filed with your union rep.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 9/14/05, 2:39 pm


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