Teach For Free?!?

sensei8 · Black Belt

*Let me just say this first! I'm not a Lawyer nor am I licensed in any shape, way, and/or form to speak with knowledge concerning matters of law. Always seek any and all legal advise from a board certified Lawyer! Therefore, this topic is of my opinion and my opinion alone.

Most, if not all, students of the martial arts teach as part of their ranking. Usually, this begins for most, but not all, at Sankyu, 1st brown belt.

Once a student obtains Sankyu, that student starts to 'teach' other students, whether it's as an assistant to the Chief Instructor, or, when that Sandan starts to teach classes by themselves, while yet, still under the guidance of the Chief Instructor.

Irregardless of what the "Assistant Instructor" consists of, it's still UNDER the watchful eye of the Chief Instructor. Some Assistant Instructors (AI) will begin by teaching children and adult white belts. While some will teach only beginners until they're allowed to teach intermediate students. Then, once Shodan is achieved, this AI is allowed to teach advanced Kyu students. Then once Sandan has been achieved, this AI will now teach Kyu and Sho/Ni Dan classes by themselves. We all want excellent qualified instructors of the martial arts, and what better way to ensure this, but, through our guidance.

I was an AI from Sankyu to Sandan, a total of 11 years or so, with 5 of those years as a Jr. Black Belt. All of this time I never ONCE received a single penny or any deductions from my lessons/testing fees...NOT ONCE! BTW, I'm fine with this, but, this leads me to my question on this topic/thread.

IS HAVING OUR ASSISTANT INSTRUCTORS TEACH CLASSES, FOR ONE REASON OR ANOTHER, WITHOUT ANY FORM OF PAYMENT, ILLEGAL?

I understand why nothings paid to our AI's who are underage because it would possibly go against the U.S. Child Labor Laws one way or another. But, not paying our adults for the teaching that they do MUST be illegal.

Afterall, most AI's teach approximately 300 - 500 hours or more before being allowed to test for Shodan. Convert that into pay, our AI's employee might be due, for example, 500 hours X $7.25 per hour...$3,625, and you don't want to get in hot water with the Department of Labor! The AI is held under the "supervised" teaching category, and in that, each and every AI is considered a "volunteer", and because of that, the AI isn't usually paid in any shape, way, and/or form.

“If you don’t volunteer X number of hours, it means you don’t care.” The dichotomy can be boiled down into attracting participants by making them want to be involved versus inducing participation by holding the threat of non-certification above their heads. The latter approach is surely enough doomed to failure.

It may be useful to ensure instructors are actually teaching as part of maintaining their certification, but be wary of the burdens this would impose on the instructors and the schools. Most importantly, make certain that any requirement is structured in a way that is useful for the instructors in terms of improving the quality of their instruction, and therefore attracts involvement as opposed to mandating involvement.

If our AI's are actually considered "volunteers"; what is required of the school and/or you by law?

As far as children volunteers are concerned, in should be noted that in the interest of protecting children, U.S. Department of Labor staff may consider some forms of volunteer service to be employment for purposes of the federal child labor law. Even though the child labor law is part of the Fair Labor Standards Act, which generally does not apply to volunteers, the justification for applying the child labor rules to volunteers is stronger than the justification for applying the minimum wage and maximum hour rules.

As far as adult volunteers are concerned. Know what the laws are for your school at each Federal, State, and Local level. The rules/regulations for adult volunteers might not be as strict as they are for children, but, be for sure, they exist, one had better know them...each and everyone of them pertaining to you and/or your school.

If your school has "volunteers" per Law, then make sure that you have all of the proper documents either posted and/or filed on premise to avoid any stiff fines and/or imprisonment that your school/you might face.

Bottom line, ignorance of the law is no excuse. One better know the laws governing the use of AI's in Federal, State, and Local!

Still, my question above remains...

_________________
'I' do not hit, but, 'it' hits all by itself!!!

Proof is on the floor!!!

Rateh · KF Sempai

I have wondered this myself. I do remember at one time hearing of a school owner in california whos previous instructors sued him and won.
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"Why do people think success is how high and fast you reach the top? Isn't it really how high and fast you bounce back when you hit the bottom?"

ninjanurse · KF Sensei

Exactly what value do you place on the experience gained by learning to teach others?

_________________
"A Black Belt is only the beginning."
Heidi-A student of the arts
Tae Kwon Do,Shotokan,JuJitsu,TaiJi

joesteph · Black Belt

bushido_man96 · KF Sensei

Good points, Joe.

I had not really thought of this before now. Part of my requirment as a 3rd dan is to be teaching in some capacity or another. I don't get compensated with pay, but I do get a lower rate for my monthly dues. So, I catch a bit of a break there. Nothing has ever come up in the past at any of my schools on this.
_________________
Success is where preparation meets opportunity.

www.chiefswarpath.com

sensei8 · Black Belt

The question in my OP didn't come to me by haphazard chance. No, our Hombu's Lawyer had posed this very question during our Friday meeting. Our Lawyer, after listening to our conversations being bounced off the walls at the Hombu, had insured the Hombu that we aren't in any danger of violating any statues/laws per Federal, State, and Local, concerning our AI Program(s).

Our Hombu's Lawyer wanted us to see if we, as the governing body of the Shindokan Hombu, understood the ramifications of violating any labor laws, directly and/or indirectly, as it was understood/enforced by the U.S. Department of Labor. After having listened to us banter back and forth over the question; he and his office are of the opinion and/or summation that we too, understand the very same as the U.S. Department of Labor.

Truestar · Orange Belt

If I were to run my own school and required teaching time I would expect my students to teach with nothing in return.

Now, as a school owner I wouldn't personally not give anything for teaching. 1) You're doing a requirement for a higher rank, that's honor in itself, 2) I would probably offer lower rates or some similar payment.

Now, legally, if I were to ever hint that someone was looking to take action against me in any way for the discussion (volunteer, paid work whatever), I would immediately kick that student out of my school. That's just disrespectful.

I was asked to instruct alongside my master instructor. We didn't discuss getting paid, getting gifts, lower rates or anything. He asked if I would help out, I said yes. A month later, I no longer pay any tuition for my classes. A good deal in my eyes.
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Tribute Martial Arts :: 1st Dan
Tsuki Bu-Do Kai :: Green belt

ninjanurse · KF Sensei

Tiger1962 · Black Belt

jaedeshi · Yellow Belt

Is it legal? Every situation is slightly different and those differences are likely to make it legal or illegal.

The question for me is it morally right?
I say be up front with all your requirements in the beginning before a student signs up. For schools that charge. If a student comes with the intent of learn the martial arts up to lets say black belt. He/she comes with that goal lets say. Do you tell them that at certain point they are required to teach without compensation to attain their BB? I never was not until I was preparing for BB rank.
It's also wrong to leave an AI with a class or even 1 student alone. They should always be supervised. AI should also be given lessons on how to teach.
On the junior belt side. Students signed up believing they would be taught by an instructor not by an AI.

Having students teach I'm for it but the way its done in many places is wrong.

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