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ISTA attorney: Teachers cannot be made to work as many hours as required without pay

Yesterday ISTA attorney, Eric Hylton represented the Nettle Creek Classroom Teachers Association in Marion County Superior Court in Indianapolis.

As a refresher on this case, ISTA argues that the Indiana Education Employment Relations Board (IEERB) incorrectly determined that the Association and Nettle Creek Schools could not bargain extra pay for hours teachers are required to work by the School Corporation outside their regular teacher’s contract. 

The attorney for the State took the position that teachers are salary exempt under the Fair Labor Standards Act and can be made to work as many hours as required by the School Corporation. 

Hylton took the position that teachers can only be required to work the days and hours as stated in their regular teacher’s contracts. We believe that teachers should be able to bargain additional wages for required additional hours of work outside their contractual work day. 

A decision will likely be issued in this case in late January, 2014.