Extra Pay for Extra Work

San Antonio AllianceUncategorized

Teacher John Kelley and Texas AFT have won another round in a long-running legal battle to compel North East ISD in San Antonio to pay Kelley what he is owed for extra work over and above what his contract required.  The Texas Supreme Court has rejected a bid by the school district to overturn the rulings of lower courts, which held that Kelley was entitled to receive an extra day’s pay for an extra day’s work that fell
outside the bounds of his contractual agreement with the district.

The amount of money involved may be small (one day’s pay), but the principle involved is a big deal. The Texas Supreme Court decisions means that the district now has been rebuffed at every level of appeal from the commissioner of education on up. The Kelley case therefore stands as a clear judicial determination that a school district cannot require a teacher to work without an extra day’s pay for an extra day’s work falling outside the dates, number of working days, and salary terms specified in the teacher’s contract.