2019-2020 Bill 4766: Subject not yet available - South ...



South Carolina General Assembly123rd Session, 2019-2020H. 4766STATUS INFORMATIONGeneral BillSponsors: Reps. Brawley, King and CobbHunterDocument Path: l:\council\bills\agm\19672wab20.docxIntroduced in the House on January 14, 2020Currently residing in the House Committee on Education and Public WorksSummary: Teacher work hoursHISTORY OF LEGISLATIVE ACTIONSDateBodyAction Description with journal page number12/11/2019HousePrefiled12/11/2019HouseReferred to Committee on Education and Public Works1/14/2020HouseIntroduced and read first time (House Journalpage?98)1/14/2020HouseReferred to Committee on Education and Public Works (House Journalpage?98)View the latest legislative information at the websiteVERSIONS OF THIS BILL12/11/2019A BILLTO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5925412 SO AS TO PROVIDE PUBLIC SCHOOL TEACHERS MAY NOT BE REQUIRED TO WORK MORE THAN THIRTYSEVEN AND ONE HALF HOURS EACH WEEK WITHOUT RECEIVING OVERTIME PAY, AND TO PROVIDE REMEDIES FOR VIOLATIONS.Whereas, the South Carolina House of Representatives finds that public school teachers are routinely required to perform substantial nonprofessional duties outside of the normal school instructional day, such as assisting with extracurricular activities and other duties that do not include professional duties like instruction, preparation for instruction, grading student work, and so forth, and that teachers are not paid for additional duties; andWhereas, the South Carolina House of Representatives finds that teachers are professionals who are entitled to be treated in a professional manner; andWhereas, the South Carolina House of Representatives finds that, as professionals, teachers are explicitly exempt from federal overtime pay requirements of the Fair Labor Standards Act; andWhereas, the South Carolina House of Representative finds that although federal law does not require teachers receive overtime pay, they should be entitled to receive it, regardless of the terms of teaching contracts or federal exemptions. Now, therefore,Be it enacted by the General Assembly of the State of South Carolina:SECTION1.Article 5, Chapter 25, Title 59 of the 1976 Code is amended by adding:“Section 5925412.(A)A teacher may not be required to work more than thirtyseven and one half hours weekly without accruing and receiving overtime pay, and any explicit or implicit provision to the contrary in statute, regulation, rule, or a teaching contract is void and unenforceable. (B)Notwithstanding another provision of contract or law:(1)a public school administrator who implicitly or explicitly requires a teacher to work more than thirtyseven and one half hours a week without paying overtime as required in subsection (A) must be found to have engaged in an act of unprofessional conduct subject to discipline; and(2)a teacher may bring an action to seek legal and equitable redress for violations of the provisions of this section including, but not limited to, treble damages and attorney’s fees.”SECTION2.This act takes effect upon approval by the Governor.XX ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download