Does a school district have to pay me for the hours I’ve worked even if it’s over my contracted hours?

I am a part-time parapro for a student with disabilities, my contract is for 4.5 hrs daily per the school calendar set. My student was involved in an extra curricular activity and had to stay at school and after to be part of it. this was a culinary competition This put me over my hours and I’d like to be paid for it. My district requires me to clock in and out everyday and these hours are reflected in that. I’ve asked to have my total hours worked according to the time clock and I’ve yet to have anybody send me that total. I know I’m over my contracted hours and now I feel like I’m working for free.

Asked on March 23, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are (as we assume) an hourly, not salaried, employee, you must be paid for all hours worked, even if over your contracted hours. If your employer does not wish to pay you for those hours, they could refuse to let you work them (and someone else would then presumably have to assist the student). But if they let you work the additional hours and you are hourly, you must be paid. You could bring a complaint to the state department of labor if not paid for all hours worked.


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