Teacher Files Class Action For Unpaid Work, Classroom Supplies

A teacher in South Carolina has filed a class action lawsuit against her school district claiming that she is owed unpaid wages and reimbursement for school supplies that she was forced to purchase. 

Plaintiff Shannon Burgess says the Cherokee County School District made her work extra hours outside of the border of the normal educational functions and outside of the standard hours of classroom teaching.

The plaintiff alleges that there has been a long-standing policy across the nation, the state of Carolina, and Cherokee County that school districts have “unconscionably and impermissibly” moved operating costs to the “financial backs of our Teachers.”

Burgess says the school district required her to work at a concession stand at sporting events without being compensated.  In addition, the plaintiff claims that she was made to sell food and drinks to the public for the benefit and profit of the defendants.

The class action lawsuit states, “Throughout the entire duration of Plaintiff’s employment, Principal Fisher required Plaintiff, and other Teachers, to perform this non-academic non-exempt work for no additional hourly compensation.”

The plaintiff also alleges that the teachers did not volunteer to perform these duties as they wouldn’t have done so without getting paid for their services.

The class action points out that federal law “rarely recognizes an employee of an employer as a ‘volunteer’ of that same employer.”

The plaintiff argues that the Department of Labor has found that employees who conduct work for a non-profit organization are subject to the Fair Labor Standards Act if they perform commercial activities that are tied to making sales.

“At no time can Defendants assert that any work time of a Teacher as a concession attendant selling food or drink for the Defendants’ profit can be exempt work under the FLSA as deemed tasks  that are ‘directly and closely related’ to the Teachers learned profession exempt work,” the class action lawsuit states.

In addition, the plaintiff claims that she was required to purchase items at the Defendants’ direction which was for the benefit of the school district or a third party.

For example, Burgess says she was required to purchase “classroom PTO raffle Gift Baskets.” The plaintiff states that this is a form of a “kick-back” which benefited a third party called the “Parent Teacher Organization.”

The class action lawsuit claims that the principal of her school would pester each teacher to purchase a gift basket and turn it in for an auction. Burgess also claims that the principal kept a list of the teachers who had not turned in their gift baskets for their class.

“All these tactics described are Defendants’ undue influences of public shaming techniques to accomplish this illegal kick-back,” the class action lawsuit claims.

The class action complaint also notes that teachers were required to purchase items and supplies which amounts to a breach of their contract.

The plaintiff is represented by John G. Reckenbeil of the Law Office of John Reckenbeil LLC.

The South Carolina Teachers Unpaid Wages Class Action Lawsuit is Burgess v. Cherokee County School District, et al., Case No. 2019CP1100546, in the Court of Common Pleas, County of Cherokee, State of South Carolina.

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