Hope this is the right place to ask.
Here's the run-down: I'm a composer and part-time music teacher. Worked at the same middle school for four years, and it's a good job for me 15 hrs/week means I can write music and $30k/year means even when the movie score gigs aren't coming in (like this year) I can squeak by.
Recently, we got a new head of school and he announced there was something “illegal” about how we were getting paid and we'd be switching to hourly. We would be paid the same amount and nothing would change.
First, our pay schedule changed, then, they asked if they could compress our pay schedule to 10 months instead of 12 (so we'd get paid out before the summer). Fine: I'm getting my money early, and I just need to be a bit more responsible with it.
After much digging, he did this because we don't make the $36k threshold to qualify for overtime exemption. Instead of giving us a raise to meet the threshold, he's completely fucked up our pay schedule and make everyone confused. When asked if the school owes us overtime for past years (they make us work extra hours all the time) he said “I don't know.” He seemed genuinely confused about why my paycheck coming six days later is a problem. For the trust fund kids among you, it's because of rent.
Now, they forgot to take out taxes for two of my checks from over a month ago, and are asking me to pay back $1,200. As I mentioned, it's been a dry year and this will be difficult.
Should I fight that? Should I ask for back overtime from past years? It could easily add up to 10-20k (we worked A LOT of extra hours). I'm in NYC, for legal context.
Generally, I like the job, mostly because I am given freedom to teach how I want and genuinely feel I'm making an impact in kids' lives. However, they have some rich board members that this will all be a drop in the pan for.
Tl;dr: Employer switched us from salary to hourly to get around paying us overtime, tried to hide that, confused themselves and overpaid me– now they want it back. Do I try to get the thousands in back overtime from them?