Two former full-time instructors providing services for the General Assembly while employed by a New York-based contractor say they were wrongly classified as independent contractors. The instructors, hired to teach both part-time and full-time courses in fields of technology, business and design, say they were wrongly denied overtime pay, rest breaks and meal breaks – despite working up to 16 hours daily to prepare lessons, grade assignments, meet with students and attend marketing events. As reported by EdSurge, the instructors say they were paid a flat fee, despite working 80 hours each week. In violation of California Labor Code, the instructors allege the company failed to document how many hours they worked and pay them overtime wages accordingly. They represent more than 1,200 current and former instructors who reportedly taught for the firm from 2013 through this year.
In March, the judge proposed – and both parties agreed – to a $1 million settlement, which was signed in July and is now awaiting approval from the judge. After administrative and legal fees, there will be about $590,000 to split among the more than 1,200 instructors.
The case is unique for the fact that while we tend to think of the growing “gig” economy as being the primary source of a growing number of California employee misclassification lawsuits, many fields have employed independent contractors and allegedly failed to pay them. Continue reading