Can a university not pay for teaching students who later drop out?

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Can a university not pay for teaching students who later drop out?

The online university where I teach pays by the student; full-time instructors have yearly quotas and part-time instructors are paid a dollar amount per student taught. The university, however, only pays for those students who remain enrolled for at least 60% of the course. Any students who drop at the 50% mark are not counted in our quotas or paid for when part-time wages are calculated. Our time teaching those students, who quit for a variety of reasons, is completely uncompensated. Is this legal?

Asked on August 13, 2019 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal as long as 1) you are aware of that rule or condition, so you could be said or considered to have agree to it by working there with knowledge of the rule; and 2) you still end up getting at least the equivalent of minimum wage. Employer's can pay you based on students taught (or projects completed, customers serviced, etc.) and can have a rule that you are only paid if they compete a minimum amount or portion of the class.


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