Come teach without pay!

Saw a link to this article about it in my inbox today. https://www.chronicle.com/article/what-that-ad-for-the-unpaid-job-at-ucla-may-have-been-about?cid=gen_sign_in

 

Can't read it without a sign-in. Accounts are free, but I hate creating accounts at sites I'll probably never use again.

If anyone has an account, is it anything different than what's already been discussed in this thread?

 

I could see myself doing this when I was trying to get college teaching experience. I sent dozens of emails to department chairs (some schools even an hour away) to become an unpaid teaching assistant. I did not get any favorable responses (this was like 2016 - 2017 when I had my MBA). In 2020, I used a similar strategy but for an adjunct gig. It worked, a local chair responded to my email, and I began my first adjunct gig in August 2020.

Would I consider working for free at UCLA or any other school today? The answer is a resounding no.

 

I hate that too. I think this is a direct copy, from an Indian source. I think the UCLA staff involved should seek a medical checkup. I wouldn't want them to die of shame. Perhaps if there's a trial for this, they could plead temporary insanity.

https://www.thebharatexpressnews.com/what-this-ad-for-unpaid-work-at-ucla-may-have-been-about/

Suggestion: You hit a paywall or a sign-up, copy the first line or two of the article into Google search. You'll often get the same article from a different source.

 

It's illegal. No, seriously, it's illegal. It's like all those unpaid "internships". As common as they are, it's illegal (with a very few exceptions) to "suffer or permit" someone to work for less than federal minimum wage. One narrow exception is for students where the services performed are primarily intended to confer a substantial educational benefit upoin the student. such unpaid labor absolutely may not resemble paid services performed by other employees.

 

It's true, far too few people understand an unpaid internship is supposed to primarily benefit the student.

On the other hand, can you receive other consideration (e.g. in this case academic affiliation) in lieu of the minimum wage? Or can a contract be structured in a way that you're volunteering rather than being paid and skirt the law? I'm not suggesting these things to say they're right - the school is definitely not right or fair to the employee in this case - I'm just trying to figure out how they get around the rules.

 

No, you can't. UCLA is a government agency. Like all employers other than religious and similar, minimum wages must be paid in money. The wage and hour laws are written exactly to outlaw this kind of exploitation. Unenforced these days those laws may be but the statutes are still on the books. You cannot contract away your right to wages.

 

I like this. It looks like a first step in making stupidity illegal!

 

It's illegal to do volunteer work for a not-for-profit?

 

Of course not. Here's the deal, according to Judge Google:

"The ESA does not apply to independent contractors, volunteers or other individuals who are not considered employees under the ESA . An individual considered an employee may be entitled to rights such as: minimum wage. overtime pay."

 

Right. Neither could many other praiseworthy programs. What UCLA attempted is as FAR from "praiseworthy" as it's possible to get!

They wanted "volunteers" to teach for free, while they charge full tuition and keep the tuition money. Not since 1865, UCLA!

 

Can I inform UCLA that I will study there but they should understand I will pay them no tuition?

 

Sure - if they take the deal, maybe I'll see you in class!

 

This link is illustrative: https://nonprofitrisk.org/resources/articles/employee-or-volunteer-whats-the-difference/

It sounds like UCLA might say no to item 2 and 4, and yes to item 5 and 6, meaning that they could be exposed to accusations of misclassifying workers. It's tricky though. I volunteered several thousand hours at a crisis line. We didn't have staff counselors providing support but many crisis lines do, so it blurs the line.

 

Full disclosure I was an IT Project Lead at UCLA Health for about 3 years. If I were still working there today and had an opportunity to teach in a part-time adjunct position without pay I can't say that I would say no. Again for an already fully employed staff member looking to break into teaching or looking to stretch this does sound like a great opportunity. My current company is a major non-profit health system and has a stretch program that allows employees to volunteer for projects outside of their current work domain as a way to gain additional experience. For example, you are a data analyst in finance but aspire to break into project management in a clinical role you could be matched with a project that seeks those needed skills within a hospital or clinic.

With that said as already mentioned it has been surmised this listing was for an already internally employed PhD who probably couldn't be compensated for teaching. Hence this job listing was specific but I see this as no different than many listings in corporate America that are specifically written and posted for a certain candidate. Every company that I've worked for in my 30+ years has had some sort of practice of posting positions that they may be legally required with no intention to fill it with other than the intended internal candidate. To me, I think that's a more troubling practice that reeks of nepotism and cronyism and doesn't allow for a fair and equal playing field.