Table of Contents Table of Contents
Previous Page  4 / 58 Next Page
Information
Show Menu
Previous Page 4 / 58 Next Page
Page Background

International Journal of Human Nutrition and Functional Medicine

www.IntJHumNutrFunctMed.Org

2016 Final PDF

students, young adults, and future

professionals and citizens. Eventually,

even the strongest are exhausted from

administrative micromanagement and

false pleasantries; their innate commitment

to truth and respect for reality repulses

them away from the corrupt quagmire of

lies, inverted truths, and overt ethical and

legal violations that emanate from the

offices of senior (mis)management.

Intellectuals and passionate teachers

are easy targets for exploitation

Passionate teachers will tend to say "yes"

when offered an opportunity to share their

knowledge and passion for life. Also,

because they are inherently rational, other-

oriented, and honest, such professors

commonly transfer these inner qualities to

others in the form of easy agreement and

generous good will before accurately assessing the details of

agreements and contracts. Because they are inherently

rational, other-oriented, and honest, professors tend to

assume that others are, too. Further obscuring their accurate

assessment is the use of positive phrases within the text of

contracts such as "teamwork", "sharing", "inspiring", and

"collaborative"—all of which are agreeable words and

concepts that can shroud details and clauses that essentially

enslave and exploit the very professors and experts being

hired. Passion is converted into exhaustion, and clarity

converted to confusion, when enthusiasm is exploited by

conniving contractual agreements obligate educators to be

intellectually exsanguinated and financially enslaved. In

these days of neoliberalism, privatization, outsourcing, and

union-busting, doctorate-level professors find themselves

being exploited by methods akin and identical to contract

laborers and field workers. However, in the increasingly

fragmented world of education—

especially online

education

—professors are divided and conquered by

isolation and distance with little opportunity to organize,

petition, or even voice their concerns to a campus audience

or panel of peers.

Educating Experts about Employment Exploitation

Teaching “opportunities” (eg, passion, sharing, instruction)

take material form as legal contracts, frequently devoid of

goodwill and loaded with pollyanna and cheerful phrases

while obligating the professor/teacher/expert to an

intolerable load of responsibilities—including out-of-pocket

expenses—and obligations to “participate” and “build” and

“contribute” countless unpaid hours. This is where passion

and enthusiasm must be reigned, lest the intellectual beast of

burden be overloaded and eventually crushed. If you as an

instructor are hired with a contract specific to the teaching of

one class for a fixed amount of payment, you cannot be

obligated to participate in other meetings, trainings,

certifications, exercises and committees. Any such contract

is almost certainly illegal and unenforceable because it

violates employee protections against wage theft and

misclassification of employees. Quotes and citations to full-

text articles are provided below; they speak for themselves,

articulating the distinction between

contracted

professor and

employed

professor. "Employees" are

either

of the following

but

cannot be both

: 1) Contracted, independent contractors

paid a fixed sum to perform a specific task in their manner

with little input. Handle their own expenses, schedules, other

jobs, etc, 2) Salaried employees work and are paid by the

hour, which might include work, meetings and trainings.

What is illegal and increasingly popular at universities (to

the distain of professors) is to hire professors on a limited

contract basis (“you are paid $X for teaching Course X”) and

then burden them with all the duties and responsibilities of a

fully-employed hourly-salaried professor.

"When an adjunct carries similar responsibilities as

full-time staff but for less than half the salary, colleges

may be evading their legal obligations as employers."

www.theatlantic.com/business/archive/2015/09/higher-education-college-adjunct-professor-salary/404461/

"Independent contractor misclassification is sometimes

referred as 1099 fraud because employers will send

their misclassified workers an IRS Form 1099-Misc at

the end of their year, rather than a W-2 Form. The

employer’s designation of the worker as an

independent contractor does not determine whether a

worker is legally classified as an independent

contractor."

http://fightwagetheft.com/independent-contractors

"Another way is payroll fraud, when employers

intentionally call people independent contractors when

they are really employees."

www.marketplace.org/2013/01/04/business/robbed-job-advice-fighting-wage-theft

"An overarching problem in the arena of wage theft is

misclassification, which occurs when employers treat

employees as independent contractors rather than as

employees. ... No matter what an employer calls a

worker, the law determines whether that worker falls

under the category of employee or contractor."

www.dcejc.org/wp-content/uploads/2013/01/EJC-Wage-Theft-Facts.pdf

Current Examples of a Teaching Contract

I have had the recent occasion to review a teaching contract,

one that exemplifies exploitation and wage theft. I will list

the direct quotes in the left column and my interpretations

and comments in the right column.

Experts and professors who can decipher complex phenomena and thereby advance the health, wellbeing, and knowledge of future generations of healthcare providers and millions of people should not submit themselves to disgraceful work conditions and exploitative illegal “wage theft” contracts.