Instructors Working For Intercoast Colleges and Carrington Colleges May Be Entitled To Overtime Pay

by Norman B. Blumenthal on February 7, 2014

employment lawyer CaliforniaThe San Francisco labor law attorneys at Blumenthal, Nordrehaug & Bhowmik are representing employees in a lawsuit against Edcoa Inc. doing business in the state of California as Carrington College California (“Carrington”). The Complaint, filed on January 10, 2013, alleges that Carrington failed to pay the salaried Instructors overtime pay. Beverage, et al. v. Edcoa Inc., Case No. 34-2013-00138279 is currently pending in the Sacramento County Superior Court for the State of California.

According to the lawsuit, Carrington allegedly failed to follow California labor laws by misclassifying their Instructors as exempt and thus refusing to pay these employees for their overtime hours worked. Specifically, the Complaint alleges that the Instructors consistently engaged in non-exempt tasks such as adhering to course outlines, grading exams, and submitting attendance reports to Carrington. Under California law, companies are required to pay all non-exempt employees overtime compensation whenever the employees work more than eight hours in a day or forty hours in a week.

There are other Instructors/Teachers in California working for private career colleges and beauty schools that should be getting paid overtime wages and are likely misclassified as salaried exempt employees.  Intercoast Colleges Instructors teaching in short term post-secondary diploma programs are likely owed overtime.  According to the company's website, Intercoast Colleges has locations in Burbank, Carson, El Cajon, Elk Grove, Fairfield, Orange, Riverside, Roseville, and West Covina California.

Also, a local Fashion School is defending itself against current and former teachers in a class action lawsuit for unpaid wages. The lawsuit was filed against the Fashion Institute of Design & Merchandising, FIDM, on October 28, 2013. The teachers in this class action claim that FIDM did not pay overtime and did not reimburse them for expenses.

California Overtime Law for Post-Secondary Teachers and Professors

The Industrial Welfare Commission specifies in wage order 4-2001 that certain professional employees are not entitled to overtime wages, if the professional meets the following criteria:
1.    They are licensed or certified by the State of California to engage in a listed profession, which includes teaching;
2.    The professional uses independent judgment  and discretion in performing their duties;
3.    The professional earns no less than twice the minimum wage for full-time work (currently $33,280);

A teacher must also teach in an accredited college or university or under a certificate from the Commission for Teacher Preparation and Licensing to qualify for the exemption.

Are you an Instructor in California and not receiving overtime pay?  Call one of our experienced attorneys today at (800) 568-8020.

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