Teacher: Unreimbursed Purchases of School Supplies Violate Labor Laws

A South Carolina school district allegedly violates labor laws by failing to properly compensate their teachers for work and expenses, according to one of its former teachers.

Plaintiff Shannon B. claims that the Cherokee County School District in South Carolina violates the state’s Payment of Wages Act (PWA) and the federal Fair Labor Standards Act (FLSA) in several ways including uncompensated work, failure to pay overtime, forcing teachers to pay for classroom expenses, and requiring work despite teachers being on medical leave.

Shannon alleges she and other teachers are forced to work at sporting events after school to sell concessions for school profit. The teachers are allegedly uncompensated for the work that they do outside of their normal teaching hours.

The school district allegedly has a policy which claims that teachers are exempt from compensation for additional hours because they are salaried employees. However, Shannon notes that these regulations only apply under FLSA if teachers are “in the environment of an educational establishment.” Therefore, the school district is allegedly required to pay teachers for this additional work outside the classroom.

Shannon also claims that the Cherokee County school district violates labor laws by forcing teachers to purchase supplies for their classrooms with their own money. Despite having a budget for supplies and materials, the district allegedly forces their teachers to foot the bill.

“It has long been a pattern of practice throughout this nation and the state of South Carolina that school districts […] have unconscionably and impermissibly shifted operating costs of the classrooms directly on the financial backs of our Teachers,” the teacher labor class action lawsuit reads.

This is reportedly showcased in the school district’s yearly raffle benefiting the Parent Teacher Organization (PTO). Teachers are allegedly required to use their own money to purchase a gift basket from the raffle. The school principal allegedly “hound[s]” teachers to make sure they are making the gift basket purchased. In 2017, Shannon allegedly paid $80.94 for a gift basket. In 2018, she allegedly paid an additional $66.46 out of her personal checking account.

Teachers of all types are exempt from wage and overtime requirements under federal labor laws if “their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment.” This applies to all teachers including nursery school teachers, flight instructors, drivers ed teachers, vocal teachers, and all teachers in between.

Shannon argues that her class action lawsuit may be a “slow process,” but she is allegedly dedicated to advocating for teachers and ensuring that they are paid “every penny that they’re worth.”

“I see this as really a first step of giving the opportunity for teachers to stand up for themselves and say at least pay us what you promised to pay us and don’t put operational costs on our backs,” Shannon said, according to NBC affiliate WIS.

The Teacher Labor Laws Class Action Lawsuit is Case No. 2019CP1100546 in the Court of Common Please for Cherokee Country, South Carolina.

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