Legal Question in Employment Law in Virginia

Unclassified Vs Classified Employees

Hi, I'm in Virginia working for a public school system as the maintenance coordinator. For years we have been considered contracted employees. Now all of a sudden they say we can not be because we are unclassified employees. The only people this affects are the operations department which includes bus drivers, cafeteria workers, mechanics, custodians and maintenance men. What exactly is the difference between a classified and a non classified employee? Is it true that a non classified employee can not be salaried but has to be hourly? Also, how would the school benefit by making us all unclassifed hourly workers? Thank You for any help you can give.


Asked on 6/16/07, 9:10 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Unclassified Vs Classified Employees

You should first start with the your school system as to an explanation for

the terms "classified employee" vs. "unclassified employee" since as far as I'm aware these terms have no particular legal significance in terms of Virginia labor laws or regulations or even under the U.S. Department of Labor's terminology.

I must say, however, that it does sound as if your school employer may be angling for a way to reduce your overall compensation/benefits by manipulating local employee definitions.(Your employment contract with the school system or employee handbook may shed some light as to what their interpretations

of these terms may be.)

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Answered on 6/21/07, 8:24 am


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