Expert: Shirley McAllister, CPP, PHR - 10/27/2009

Question
I work for a public school in Ohio as a custodian and am paid 26 equal pays from July 1 to July 1 of the next year. 2080 hours, 260 days, 40 hours a week at an hourly rate. Overtime is paid after 40 hours. In July of 2010 the school is going to go three weeks on a pay period so they won't have to have a 27th pay. The problem is that I will only be paid for 80 hours and not anything for the third week. There is no place that I can see where that week will be paid as all pays are the same amount This has happened two other times since 1998 and they claim that our contract "salary" is what they determine how we are paid. Can you clarify this for me and give me any options?

Answer
What they are telling you is that your contract says you will be paid a specific amount of money from July 1 to July 1 divided into pay periods.

I don't know if that can be true for the third week since you are getting paid at an hourly rate and overtime for all hours over 40.

I would direct you to contact your Ohio Department of labor and ask them what the rules are for your type of position. I know that sometimes different rules apply to public schools and I do not work in that area so I do not know all the rules for public schools. In my field I would have to pay an extra payroll when there are 27 pay periods.

You can contact the Ohio Department of Labor at;


OHIO DEPARTMENT OF COMMERCE
DIVISION OF LABOR AND WORKER SAFETY
WAGE & HOUR BUREAU
Bob Kennedy, Superintendent

6606 Tussing Rd.
P. O. Box 4009
Reynoldsburg, OH  43068-9009
Phone: 614-644-2450
Fax: 614-728-8639
www.com.ohio.gov

http://www.com.ohio.gov/laws/MLLComplaint.aspx
On this page is a list of investigators by Ohio County. You can find your county investigator and call him/her with questions.

Shirley