Are Substitute Teachers Eligible For Overtime In Texas?

Originally published by Vethan Law.

Knowing if you qualify for overtime can be a crucial aspect of your income. The Fair Labor Standards Act has explicitly laid out who is eligible for overtime and who is exempt from overtime. While you definitely have to do your research, you should be able to determine if you are or not eligible for overtime.

It is common for people to assume that any salaried position is exempt from overtime eligibility. For the most part, this is true, with exceptions coming in the form of the actual amount of pay you earn. Therefore, most teachers assume they are exempt. Unfortunately for you teachers out there, you are correct in your assumption. Despite the amount of hours a teacher puts in each week, they are not eligible for overtime pay.

On the other hand, substitute teachers don’t earn pay based on a salary. They typically earn pay based on a specific rate combined with how much time they work. Under most circumstances, this can constitute eligibility for overtime. There are some exceptions to this rule, but it doesn’t directly apply to teachers.

However, despite being paid on an hourly basis, substitute teachers are not eligible for overtime pay in Texas. The Department of Labor considers substitute teachers exempt from overtime if their primary duty is teaching and imparting knowledge in an elementary or secondary school. This holds true regardless of whether the teacher holds an advanced degree or not.

This is due to the FLSA exemption policy regarding job duties. There are three primary job duties exempt from overtime which include administrative, executive, and professional. Teachers fall under the subset of “professional”. This includes professional employees who perform work in the field of learning.

So despite how many hours a substitute teacher works within a workweek, they cannot earn overtime pay for any work. Unless of course they have a different job that does offer overtime pay. But that is a post for another day.

If you are in need of a Texas overtime lawyer, contact Vethan Law Firm by calling our Houston office at 713-526-2222 or our San Antonio office at 210-824-2220.

The post Are Substitute Teachers Eligible For Overtime In Texas? appeared first on Vethan Law Firm.

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