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Am I entitled to overtime pay?


This year, I will be teaching five different preparations and maybe handling an overload of students or an extra class. Am I entitled to overtime pay?

Teachers are professional employees exempt from the overtime requirements of the federal Fair Labor Standards Act. There is no requirement to pay teachers time and a half because of hours worked or teaching schedule. However, the Virginia Board of Education does require "an appropriate contractual arrangement and additional compensation" for a secondary classroom teacher who teaches more than the standard teaching load defined by Standards of Accreditation at 8 Virginia Administrative Code section 20-131-240.

The standard teaching load is based on teaching no more than 5/6 of the instructional day with no more than 150 student periods per day or 25 class periods per week. In 2008-09, middle school teachers have the same standard as secondary teachers of 25 class periods per week, down from the previous middle school standard of 30 class periods per week.

VEA can assist Association members in comparing teaching schedule and load to the standard. It can be quite complicated, since many schools vary from the traditional 7-period school calendar, and the duration of each class period may differ.

The number of different classes or preparations you teach does not affect your work load for purposes of applying the standard. And note that elementary school teachers are not protected by similar work load standards.

For help calculating your workload, consult your VEA/NEA UniServ Director.


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