NYC DOE Teachers Receive Less than Minimum Wage for New Teacher Orientation

School’s back in session next week as scores of new teachers flock to Kings’ Theatre for the beginning of our new teacher orientation week for the DOE.

New Teacher Week will begin with a central in-person event at Kings Theatre, featuring remarks from Mayor Adams and Chancellor Banks, followed by two days of professional learning where new teachers report to schools around the city to attend and complete various modules on Zoom and platform called WeLearnNYC.

The problem? New DOE teachers will receive a paltry $51.70 for attending each full day of training. Each of the three days of training will be from 8:30am – 3:30pm, with a 50 minute lunch. That’s 420 minutes per day inclusive of lunch and 370 minutes without lunch.

Yes, you read that correctly, $51.70 per day for attending three 7 hour training days. It’s listed on page 6 of the New Teacher Week FAQ. And a quick skim of Article 8 of the UFT/DOE contract (Section G(1)(h)) confirms the same information. The FAQ document language refers to this as a “stipend”, but I’m not entirely sure how the DOE gets away with paying almost 50% of minimum wage for a mandatory orientation program.

Some quick napkin math: 420 minutes ÷ a $51.70 rate for the entire day of training = approximately $7.39 per hour ($0.12 per minute). I kept lunchtime in my calculation because our contractual workday normally includes a duty-free lunch. Even with factoring out the daily lunch, the hourly rate works out to $8.38 per hour.

No matter how you look at it, these rates are woefully below both the New York City and New York State minimum wage of $15 per hour.

Interested readers might ask (as I myself did) if there are any laws that allow employers to pay new workers less during their training period. I’m not the most knowledgeable when it comes to labor law, but I did find the following excerpt from the Code of Federal Regulations:

(b) Compensation payable for nonproductive hours worked. The parties may agree to compensate nonproductive hours worked at a rate (at least the minimum) which is lower than the rate applicable to productive work. In such a case, the regular rate is the weighted average of the two rates, as discussed in § 778.115 and the employee whose maximum hours standard is 40 hours is owed compensation at his regular rate for all of the first 40 hours and at a rate not less than one and one-half times this rate for all hours in excess of 40. (See § 778.415 for the alternative method of computing overtime pay on the applicable rate.) In the absence of any agreement setting a different rate for nonproductive hours, the employee would be owed compensation at the regular hourly rate set for productive work for all hours up to 40 and at a rate at least one and one-half times that rate for hours in excess of 40.

29 CFR 778.318(b)

To be completely honest, I’m not even sure if this section of the CFR is relevant to training rates, but I’m going to go with the assumption that mandatory orientation sessions would be considered nonproductive hours. If there are any union contract or labor law afficionados reading this post, let me know if you know of any better sources!

There’s no reason for any worker in this city to make less than minimum wage for any function of their job. From what I can tell, the daily training rate has existed since 2008, and I’m surprised that previous cohorts of new teachers haven’t pointed out this egregious oversight in our contract before.