Yes, completely. There is no statutory proscription against it. Teachers are not being asked to work a day without pay. They missed three days of work due to the flood, but presumably will be paid for those, and are being asked to work two days in their place. Using the already-modified schedule of 187 paid days this school year as the model, this actually leaves the teachers "owing" the district for another day, as the furlough situation was theoretically a separate issue. In other words, do not use the original 190-day schedule as the starting point, but the 187-day modified schedule, since that is what prevailed at the time of the flood. In any event, one is reminded, as has been established here in the past, that teachers are not covered under the Fair Labor Standards Act, because they are considered in the professional class. Don't get me wrong; this move is patently absurd, especially so late in the game, but it is most assuredly legal.
This is a mistaken assumption. While the use of the phrase "natural disasters" sounds good to the ear, the handling of the flood days would have precedent in terms of how other bad weather event days have traditionally been handled. Most of the time teachers have been asked to come in an extra day during postplanning when schools were closed for snow or storm. For example, in 2004 there was a snow day in February (the last time snow closed Paulding schools) and a tropical storm day in September. Both resulted in an extra planning day at the end of their respective schol years. Thus, one could simply state that the same is being done here. So it is not accurate to state that teachers "would have been paid for these days," because in the past they were technically not paid for these days, but for the replacement days. (Yes, I know that the day was not subtracted from one paycheck and added to another, but the theory still applies.) So this argument does not work when one looks to the most recent times similar events occurred.
Everyone was surprised when the two 2005 fuel days did not result in such make-up days, but rather, a time-log of sixteen hours being submited by teachers as "proof" that they worked hours to make up for the missed days. While this charade was also a foolish solution, it probably relates to the fact that the governor requested that all districts statewide close schools for two days. All but four of the 184 districts did close. (Floyd County was the only nearby district that did not close.) The statewide nature of this event, coupled with the fact that the decision came from the governor, would seem to have been a factor in the unusual solution. The recent flood, while it affected multiple districts, including Atlanta, was by no means a statewide event-- not sure if that factored into the decision. In my opinion, it should not.
As stated, it is perfectly legal, but I agree that it is ill-advised and insensitive.
Do not allow yourself to believe that the media will either run to cover this, or even in its ability to advocate on anyone's behalf. Modern media outlets are called to cover hundreds of stories a week, and people tend to overestimate the media's ability and their concern. And since, again, this is actually just a change of schedule, there is no legal issue, as teachers are not being asked to give up another day. An Atlanta TV station producer or an AJC editor is unlikely to send a reporter out to Dallas as a result.
At a previous job, we were required to attend Saturday training without pay. One girl complained to the DOL and we were paid OT for the training and were even offered childcare expenses with proof required.
For some reason, Saturday training classes were no longer offered to us.
I assume that by "DOL," you mean the U.S. Department of Labor, which handles wage and hour cases. This issue does not concern them as it currently stands, because as I stated above, teachers, as salaried professionals, are exempt from the provisions of the Fair Labor Standards Act. It sounds as if the case that you quoted above did not involve exempt professional employees. (A month or so ago we had a lengthy discussion on this board about whether teachers are exempt, and I provided several sources that indicated that they have always been exempt, so hopefully that aspect is no longer at issue here.) So, there is no one to run to, because teachers are exempt, and beyond that, this is not a wage and hour case. Whether or not it develops into a separate contractual issue over the number of days (as evidenced by PAGE's statement), remains to be seen at a later date. I believe that there is more to come, as the school year progresses. It may turn out in a way that none of us can now foresee.
This post has been edited by Veritas: 10 October 2009 - 12:03 PM
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