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Extraciricular Activity Coaches
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We are a private school in California and concerned about our wage and hour compliance, specifically as it relates to the payment of after-school coaches (footbal, tennis, drama, etc). Some are on-sta
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Forums » Topic Forums » Legal Forum » Extraciricular Activity Coaches
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Extraciricular Activity Coaches
posted at 10/7/2011 5:07 PM EDT
on Workforce Management
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Posts: 5
First: 10/7/2011 Last: 6/21/2012 |
We are a private school in California and concerned about our wage and hour compliance, specifically as it relates to the payment of after-school coaches (footbal, tennis, drama, etc). Some are on-staff (some exempt and some non-exempt) and some are community members. The tradition has been to just pay them as employees a stipend for the season. This seems modelled on the public school practice. But I know that the public schools are exempt from some wage and hour laws that we in the private sector is subject to and wonder if this is one. There should be no issue with just giving an exempt coach (normally a teacher) a stipend at the end of the year. I'm concerned about a non-exempt coach (normally a administrative personnel) a stipend. Can we? Or should we track hours and pay semi-monthly, then pay the difference (if it is more) in the form of a bonus at the end of the season? What hours are payable - practice (in-season and off-season), games, riding the bus to games, watching film. There is a concern that you will earn more if your team travels more or makes playoffs. Can non-staff community members (parents, local tennis pros, community center staff) be paid as independent contractors?? Do they meet the tests when they are coaching a team or running the Spanish club? Sometimes the "head coach" is an outsider, and the assistant coach is a teacher. Does this complicate things? I'd be interested in comments. How do other private schools in California deal with this?? |
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Re: Extraciricular Activity Coaches
posted at 10/10/2011 1:04 PM EDT
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
California wage law can be a bear! While I wish I could help, you have a whole mix of issues...exempt/non, employee/IC, public vs private, etc. You can always pick the super safe option of considering them all non-exempt employees and paying hourly for the extra hours (including overtime as needed). Anything considered "work" would need to be paid. I don't really see how you could consider them ICs if they are doing the same types of jobs as Employees (even if a different sport/activity), with the same amount of control by the school admin (following hours, rules, etc). I would strongly suggest finding a wage/labor law consultant familiar with CA rules and laws to help you navigate. If you belong to any private school organization, they might be able to recommend someone who has already done this research. |
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Re: Extraciricular Activity Coaches
posted at 10/10/2011 4:28 PM EDT
on Workforce Management
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Posts: 1
First: 10/10/2011 Last: 10/10/2011 |
Hi. I used to do payroll for a public school district in WA state. I realize not private and not CA but these were our rules. Classified staff, i.e., hourly employees (instructional assistants for example) had to be paid by the hour for every hour worked when they acted in every position. Certificated staff, i.e. teachers and exempt, received a stipend for extra time worked. And it was paid every month with their regular pay unless there was something special about the stipend. Also, some stipends, for example those paid out of a grant, had to have the time recorded even though the time wasn't paid by the hour. Some grants are picky! I hope this helps and agree with rrupert. There are lots of private schools but wage and hour still prevails. |
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