Chama school workers allege wage theft in lawsuit

Oct. 19—Multiple employees of the Chama Valley Independent School District have been working extra hours for years and seeing none of the overtime payout, they claim in a new lawsuit.

Six employees from schools across the district are representing both themselves and other similarly situated employees in a complaint filed in U.S. District Court alleging they have been on an alternating "flex schedule" of 36- and 44 hour-weeks for years — but have received no time-and-a-half for their 44-hour weeks.

The complaint came together when the district's management announced the end of the aforementioned "flex schedule," and a return to a standard 40-hour week. A district employee mentioned the change to their local union president, prompting an investigation which found the violation occurring in multiple Chama schools, across departments, and has been ongoing for years, according to Whitney Holland, president of American Federation of Teachers New Mexico.

"Workers want to do what's best for students, and what's best for their school districts. And so I think the mentality here was, 'OK, we're being responsive to school district needs,' without realizing that in a lot of ways, these people are being taken advantage of," Holland said.

While timecards and payroll records are still being tracked down, it's likely these violations go back "at minimum five years," Holland said.

While flex schedules don't always violate overtime laws, she said, the employees on the 44-hours a week schedule were getting paid a flat bimonthly paycheck, violating the federal Fair Labor Standards Act.

Six plaintiffs are named in the lawsuit — Marvin Mercure, Nicole Mercure, Jose R. Torrez, Juan D. Torrez, Bernadette Ulibarri, and Adam Valencia — but they also represent other employees affected by the alleged overtime violation. The amount of workers and the monetary extent of that violation are still being determined.

The school district is named as a defendant in the lawsuit for its responsibility in adopting and implementing school policies, customs, and practices.

The complaint says there were other violations, such as workers who were allowed to work extended hours, including during break periods, who also went unpaid for these extra hours.

Chama Superintendent Anthony Casados declined to comment on the details of the suit, citing "the nature of these proceedings and our commitment to protecting the privacy of all involved.

"Chama Valley Independent Schools is committed to providing a safe and supportive environment for all students and staff," Casados said in a statement to The New Mexican. "... We remain focused on ensuring the well-being of our school community and will continue to cooperate fully with the appropriate authorities as these matters progress."