N Right to Work State

[Special Education Teacher]

Jurisdiction

North Carolina

I'm a Special Eduction teacher in North Carolina. We are a right to work state with no union. If we are not provided enough time during the workday to complete required paperwork (progress monitoring, service logs, IEPs, revaluations, BIPs, etc.) due to serving students and attending meetings. Am I required to complete my paperwork after hours without compensation?

 

[army judge]

Am I required to complete my paperwork after hours without compensation?

I suggest you seek a meeting with the Assistant Principal assigned as your Teacher Supervisor.

Heck, why not seek a meeting with the school's head honcho (herself/himself) the principal?

Finally, having represented several teacher's labor groups over the decades, I always advise teachers and administrators to read their contract.

More often than NOT, the answers sought can be discovered by THOROUGHLY and COMPLETELY reading the contract you were offered and signed in the spring.

Working under an employment contract and/or a "collective bargaining agreement" makes one's workday easier, rather than harder.

Why?

Because your contract and/or the CBA spells out duties and responsibilities for all to see. Now, get those documents and make yourself a good, hot cup of coffee, hot chocolate, or tea; settle into a comfy reading position and become a fully informed employee.

Am I required to complete my paperwork after hours without compensation?

Author's note:

My wonderful wife retired in 2021 after a 35 year career as a high school teacher and later a high school principal.

TEACHERS are underpaid, overworked, and are kept busy doing many tasks each evening and on the weekend. My wife never allowed the bad stuff to get to her. She said teaching was a calling, and she knew she'd never get compensated in money for her efforts. She said she felt rewarded when students of yesteryear would stop by to thank her for not giving up on them when they were struggling.

Heck, its hard for us to shop in our local grocery stores, even a military commissary without a former student or parent approaching her, smiling, thanking her, and asking her for a hug. Her students referred to her as Mrs. TG, then and today. She always says, "Kind words, thank yous, and hugs are worth more to her than money".

By the way, SPED teachers are often overlooked, too. You folks perform an extremely difficult job, before an even more difficult population. As with ministers, Nuns, nurses, nurses aides, public defenders, prosecutors, police officers, corrections officers, military personnel; you're called to do differing tasks; because you're doing far more than working. You're impacting lives!!! God bless.

 

[flyingron]

Teachers are usually exempt employees. They are not required to be given overtime pay. Your contract will tell you if you have specific rights to overtime over what the law mandates.

 

[adjusterjack]

We are a right to work state with no union

"Right to work" only means that you don't have to be a member of a union to get work.

Your job is what your employer says it is.

I'm a Special Eduction teacher in North Carolina.

Teachers often have annual contracts. Do you have one? If not, then you are employed at will and you complete the tasks assigned to you.

As always with "at will" employment, if you don't like your job you are free to seek employment elsewhere.

 

[adjusterjack]

Heck, its hard for us to shop in our local grocery stores, even a military commissary without a former student or parent approaching her, smiling, thanking her, and asking her for a hug. Her students referred to her as Mrs. TG, then and today. She always says, "Kind words, thank yous, and hugs are worth more to her than money".

You are both worthy of thanks.

There's an old saying.

If you can read this, thank a teacher.
If you can read this in English, thank a soldier.

 

[army judge]

You are both worthy of thanks.

There's an old saying.

If you can read this, thank a teacher.
If you can read this in English, thank a soldier.

Thank you, but draftees did their bit, too.
My father was conscripted during WWII.
He eventually decided to make the army his first career.
He was drafted in June of 1941.
After the Pearl Harbor attack on 7 December 1941, his unit learned they were to serve until the duration, as the end of WWII, which was unknown at the time.

I've served with draftees and volunteers.
One termers and done, or lifers.
I hold the utmost respect for all who've worn one of our nation's uniforms.

 

[adjusterjack]

draftees did their bit, too.

I know. I'm one.

 

[army judge]

I know. I'm one.

Yes, we discussed that a couple of times.

 

[CommonSense]

I'm a Special Eduction teacher in North Carolina. We are a right to work state with no union. If we are not provided enough time during the workday to complete required paperwork (progress monitoring, service logs, IEPs, revaluations, BIPs, etc.) due to serving students and attending meetings. Am I required to complete my paperwork after hours without compensation?

I would add that even if your CBA does provide for additional pay for hours outside of the traditional "duty day", a request for such pay may be met with questions from your Principal/Supervisor related to your work tasks, organization of your day, etc. FLSA exempt employees, like teachers, are generally paid for the work tasks/projects they are assigned and not necessarily for the actual hours they are working. Even when non-exempt (therefore entitled to overtime pay), payments for additional hours are not something an employer wants to be habitual/frequent. This sometimes results in coupling the obligatory payments under wage and hour laws and/or the union contract with additional work directives/expectations being communicated about when work is expected to be performed. As someone who has worked in administration in the public school system, I do not doubt for a minute what you have said about not having enough time; I am simply pointing out that not all folks are as understanding. If other teachers are getting their work done during the duty day, be prepared to explain/demonstrate why your schedule or assigned responsibilities are different or imbalanced. You may be directed to perform all work within your compensated schedule despite your disagreement with management that it is possible to do so. Also keep in mind that nearly ALL exempt employees in any industry put in "extra" time above and beyond the traditional 40 hour work week without additional compensation - it is, as they say, "the way it is" in this country. Best of luck and thank you for all you and your fellow educators do!

 

[Tax Counsel]

Also keep in mind that nearly ALL exempt employees in any industry put in "extra" time above and beyond the traditional 40 hour work week without additional compensation - it is, as they say, "the way it is" in this country. Best of luck and thank you for all you and your fellow educators do!

I saw a lot of that when I was a lawyer for the federal government. Only a few left the building right as the schedule work day. Those were the ones whose work was generally sub par. The ones that care about their worked and would be embarrased by low quality work spent the time needed to do an outstanding job. And a lot of that extra time was uncompensated.

 

[Tax Counsel]

I saw a lot of that when I was a lawyer for the federal government. Only a few left the building right as the scheduled work day ended. Those were the ones whose work was generally sub par. The ones that care about their worked and would be embarrased by low quality work spent the time needed to do an outstanding job. And a lot of that extra time was uncompensated.

 

[cbg]

As I have said many, many times on many, many boards, exempt employees (and as a teacher you are almost certainly an exempt employee) are not paid on the basis of how many hours they work but on getting the job done. I'm going to slightly correct Tax and say it's not that the extra work is not compensated; an exempt employee's salary covers all time worked, not just 40 hours. Rather, what he should have said is that the work outside of 40 hours did not receive extra compensation. The exempt employee's salary compensates 20 hours a week if that's what they work, or 70 hours. It's not intended to be based on hours.