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  1. #1
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    Jul 2013
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    Default Teaching Contract Provides No Compensation for Duties Outside of the Classroom

    My question involves employment and labor law for the state of: Colorado.

    I’m an employee of a music teaching studio and am employed under a contract which lasts until next year. There is a fee of $1000 if I terminate the contract before the end of the agreement (quit early). The contract stipulates that I will be paid only for teaching, and nothing else… aka won’t be paid if I’m waiting on a student, etc. Only paid for time teaching. The contract also stipulates that I will perform the following services with no additional compensation: write blog posts (on my own time), attend certain music festivals to promote the business (several hours sitting in a tent for no pay), attend and perform in student recitals. Additionally, ownership requires me to show up 15 minutes early (not paid) and has called required staff meetings (not paid). I want to quit. Do I have grounds to quit under noncompliance with FLSA requirements and would I potentially be subject to the $1000 fee?

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Want to Quit - Being Made to Work Without Pay - Employment Contract

    First question; are you an employee (W-2 at the end of the year) or an IC (1099 at the end of the year)?

    Note to purists: Yes, I know that this is not proof of being an IC. It is, however, proof of being treated as an IC, and is as good a place to start as any.

  3. #3
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    Sep 2010
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    Default Re: Want to Quit - Being Made to Work Without Pay - Employment Contract

    The employee vs. IC issue is important (I suspect your "employer" considers the latter, and that characterization is inappropriate).
    That doesn't necessarily make the contract invalid however. But before we go down rat holes guessing, tell us how you are paid.

  4. #4
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    Jul 2013
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    Default Re: Want to Quit - Being Made to Work Without Pay - Employment Contract

    Dear cbg and flyingron, thank you for your quick follow up. I am engaged as an employee and not as an independent contractor. Thanks so much for any advice you may offer.

  5. #5
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    Default Re: Teaching Contract Provides No Compensation for Duties Outside of the Classroom

    Quote Quoting jcwbu08
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    Do I have grounds to quit under noncompliance with FLSA requirements and would I potentially be subject to the $1000 fee?
    1 - Can't read your contract from here.

    2 - Exactly what FLSA "requirements" are you referring to.

    3 - You could be subject to a lawsuit for the $1000 regardless of whether you are in the right or not.

    4 - Teachers in the school systems have contracts but are still employees. They are paid to teach during the school day but they are also required to perform other services after school hours without being paid extra. (OK, gang, that might be apples to oranges, but it's something to think about.)

    5 - You signed the contract. Presumably you read it, understood it, and accepted the terms when you signed it.

    So far I don't really see anything in your favor here.

  6. #6
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    Jul 2013
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    Default Re: Teaching Contract Provides No Compensation for Duties Outside of the Classroom

    Thanks, adjusterjack, for your reply.

    The employer is requiring certain unpaid activities that are not agreed to and/or even mentioned in the contract, namely:

    1. Required unpaid staff meetings;
    2. Reporting early to all shifts;
    3. Performing in student recitals (the contract stipulates "attend" student recitals; there's a big difference in attending an event and being obligated to perform.)

    As far as I can tell, should these all not fall under "hours worked" and thus require compensation?

    This contract doesn't involve a school system of any kind. It is a for profit, private business offering music lessons. I'm paid hourly, not salary.

    Further, does federal law not supersede an employment contract? If the employer is trying to enforce a contract that is in violation or disagreement with federal law, how is the contract enforceable?

    Thanks again for your thoughts!

  7. #7
    Join Date
    Aug 2013
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    Default Re: Teaching Contract Provides No Compensation for Duties Outside of the Classroom

    Quote Quoting jcwbu08
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    Further, does federal law not supersede an employment contract? If the employer is trying to enforce a contract that is in violation or disagreement with federal law, how is the contract enforceable?

    Thanks again for your thoughts!
    Sort of.
    - Federal labor law (FLSA) is mostly concerned with minimum wage and overtime. You are correct that contract law cannot override explicit provisions in FLSA such as MW/OT, but unless we have a potential MW/OT violation, then likely FLSA is not involved.
    - Contract law cannot make explict labor law go away, but it can add provisions that are "in addition to, not instead of" labor law. Any time a contract is involved, the answer is always "have a local attorney read the contract".

  8. #8
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    Mar 2013
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    Default Re: Teaching Contract Provides No Compensation for Duties Outside of the Classroom

    Quote Quoting jcwbu08
    View Post

    The employer is requiring certain unpaid activities that are not agreed to and/or even mentioned in the contract, namely:

    1. Required unpaid staff meetings;
    2. Reporting early to all shifts;
    3. Performing in student recitals (the contract stipulates "attend" student recitals; there's a big difference in attending an event and being obligated to perform.)
    Is there any kind of catch-all provision something like "other duties as the employer may require"?

    Even if there isn't, any job often requires you to do extra stuff if you want to keep the job.

    Quote Quoting jcwbu08
    View Post

    As far as I can tell, should these all not fall under "hours worked" and thus require compensation?

    This contract doesn't involve a school system of any kind. It is a for profit, private business offering music lessons. I'm paid hourly, not salary.
    I gave the school contract as an example. There are private, for profit, schools that have similar contracts with teachers. My point was that your contract is not unheard of in any kind of educational setting.

    As for hourly vs salary, the question is not how you are paid but whether you are exempt from overtime in spite of your pay being expressed in hourly terms.

    Here's a page from the FLSA website that explains the difference between exempt and non-exempt.

    http://www.flsa.com/coverage.html

    Quote Quoting jcwbu08
    View Post

    Further, does federal law not supersede an employment contract? If the employer is trying to enforce a contract that is in violation or disagreement with federal law, how is the contract enforceable?
    Yes, federal law COULD (not necessarily will) supersede an employment contract. So could state law, for that matter.

    But you still haven't addressed the issue of employee vs independent contractor. That difference is addressed by 3 different sets of laws:

    US Internal Revenue Code.

    http://www.irs.gov/Businesses/Small-...ed-or-Employee

    Colorado Workers Compensation Insurance laws.

    http://www.colorado.gov/cs/Satellite.../1240336932511

    Colorado Unemployment Insurance laws.

    http://www.colorado.gov/cs/Satellite.../1248095315478

    If the school withholds income tax and FICA, covers you on its workers comp insurance and pays into the unemployment system you are most likely an employee and need only address the exempt vs non-exempt question.

    If the school does none of the three it is likely treating you as an independent contractor. Whether the school is illegally misclassifying you as an independent contractor depends on the statutory requirements for your position. That's going to require you to study the laws.

    By the way, does your contract specify whether you are an employee or independent contractor?

    If it turns out that you are an employee I suggest you make inquiries about your situation at the

    http://www.colorado.gov/cs/Satellite.../1248095305236

    If it turns out that you are legitimately an independent contractor you would not be covered by any labor related laws and you'd be stuck with the terms and conditions of your contract.

  9. #9
    Join Date
    Jul 2013
    Posts
    11

    Default Re: Teaching Contract Provides No Compensation for Duties Outside of the Classroom

    There are no provisions such as "additional duties the employer requires" or anything like that.

    Income tax, etc. are collected; I am hired as an employee, not independent contractor. I'll check out the link you've provided re. Colorado wage requirements; thanks!

    Considering a contract is involved (and I believe it to be in violation of labor laws), I will have an attorney take a look.

    Thanks for all the thoughts so far and any additional information you may be able to provide!

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