Tuesday, July 11, 2017

EF, Boston Teachers Have Done It! They've Unionized!

ESL Teachers at EF Boston have joined Newsguild-CWA labor union and are negotiating their first contract. One of the organizing teachers, Sheba King, says, "If any ESL teachers out there want to chat with me about the process, please message me on FB via our page: Teachers and Students for a Better EF. In solidarity, Sheba King, ESL Teacher."

Sunday, July 9, 2017

NLRB Case Closed in Favor of an EF Teacher Fired for her Protected, Concerted Activities

Once upon a time there was an ESL teacher. Let's call her Abigail Jessup. Irony is fitting here as that is a pseudonym used by (at least one of) those at EF hell bent on bringing her down. She worked at one of the biggest private school companies in the world. Despite their size, the corporation that is EF did not have the smarts to know that what they were doing was wrong. Abigail pointed their misdeeds out to them and they fired her. Well, that was not only wrong, it was illegal. Her activities were concerted and protected under the law. Maybe EF hadn't heard of the National Labor Relations Board (NLRB) before firing Abigail and, frankly, neither had she. But some savvy employment lawyers pointed Abigail in the right direction - to this government entity which was started by FDR to protect the rights of workers. There was an NLRB hearing and perhaps EF thought it could get away with the lies they had been telling, but, in the end, the judge just wasn’t having it. The NLRB judge found in favor of Abigail. EF, with its infinite financial resources, appealed the case, but they were only delaying the inevitable. And all the while, the back-pay that they were later forced to pay was piling up. Three years down the road (the wheels of justice grind slowly... but they usually wind up at the right place), victory belonged to Abigail. EF was forced to post at the school a notice issued by the NLRB of how they had done Abigail wrong (see July 28 blog entry above). They had to also send this notice out in an email to the staff/teachers. They had to pay Abigail her back-wages including 401(k) matchings and medical expenditures. Finally, they had to offer her her job back. Needless to say, Abigail was ready to be rid of them. Abigail was fired “after ․ [she was] threatened with unspecified reprisals for helping coworkers and sending group emails addressing employees' terms and conditions of employment, ․ because she engaged in protected, concerted activity.” She hopes that this is a lesson to all ESL teachers out there that "helping coworkers" is always the right path no matter how divisive the corporation tries to make things by pitting teacher against teacher with selective teaching assignments and erroneous student evaluation scores. BTW, during the hearing, EF managers were asked to explain how evaluation scores were derived. They were unable to do so. I hope you enjoyed this David vs. Goliath tale. If you would like to read it in legal jargon, see http://caselaw.findlaw.com/us-dc-circuit/1765923.html

Saturday, September 10, 2016

ESL Teachers' Strike Cancels English Classes in Vancouver

http://www.cbc.ca/news/canada/british-columbia/vec-teachers-strike-1.3707963 Aug 04, 2016 "I felt really bad about having to do this [to the students]," said Kim Fissel, interim president of ETEA Local 9 and a teacher at the school for the last four years. "It's a very extreme movement, but unfortunately, it's what we had to do." The school issued a notice to its students on Tuesday informing them of the strike. In place of classes, the school is offering students "a wide variety of leisure and sightseeing activities" in and around Vancouver, as well as four days of free tuition for each day of classes missed due to the strike. Fissel said the activities are being facilitated by school administrative staff, and that some students have been asked to volunteer as well. Fissel said students have been told that the school is negotiating with the teachers, but that no such negotiations have happened since the strike began. "We haven't heard a word from them," Fissel said. "We would definitely rather be teaching, because it's not that fun to be on the street waving at cars and getting honked at." CBC News contacted VEC for comment, but the school was not able to make anyone available by deadline. Fissel said VEC's teachers are seeking a fair living wage comparable to other schools the union represents. She said the starting wage at VEC is $18 an hour for teachers in the adult ESL program, where other schools represented by the union pay $20 or $21 an hour. She said teachers in the school's ESL program for children make even less — between $12 and $14 an hour. Fissel said the median income for VEC teachers is $25,000. The union also wants its teachers to be paid for the extra prep time they put in outside of class time. Fissel said that, on average, VEC teachers put in an additional 10 to 20 per cent of unpaid hours in prep work a week — about three to five hours a week. Fissel said students have been supportive of the teachers, and that many were "horrified" to learn how little their teachers make.

Friday, September 9, 2016

EF is Expanding Rapidly by Exploiting Teachers. See Job Description Where A Lot is Demanded for Very Little Pay in Expensive City (San Francisco)

Look at all that is expected of a teacher at about $20/hr. https://sfbay.craigslist.org/sfc/edu/5725980874.html EF Education First is the world's largest private education company. EF has over 43,000 employees with schools and offices in over 100 countries. RESPONSIBILITIES (a lot of which go unpaid): •Teach a minimum of 24 classroom hours per week as directed by the academic office Deliver high quality, student-centered classes. You will be expected to teach four main types of classes: oGeneral English following our Efekta curriculum oFull-time Cambridge Exam Preparation (CAE, FCE, CPE) and/or TOEFL elective classes oAdvanced Business English following an established curriculum oOther Special Interest and/or Lecture classes •Develop and implement individual and group projects in Business English classes in order for students to gain practical, relevant real-world business skills preparing them for a global career •Assist with the development of the Business English class syllabi •Complete all required administrative work for your classes accurately and on time •Prepare materials and resources relevant to your classes including but not limited to: handouts, quizzes, tests and assignments as need for each lesson. •Coach students with developing and reaching specific and achievable short and long term learning goals •Educate students on the many EF resources available to them including various classes/programs offered in the school, online learning resources and progress tracker, etc. •Provide exceptional customer service by assisting students with general questions about the school and/or city, directing them to the applicable school department when necessary •Actively participate in teacher meetings and professional development activities •Welcome new colleagues and assist with mentoring of new teachers including sharing resources and best practices •Be involved in the development and execution of school-wide activities and events such as student orientations, graduation ceremonies, testing, extracurricular activities, etc

Saturday, May 21, 2016

EF Job Posting Boasts of How Company is Taking Over the World, But Says Nothing About Wages, Benefits or Job Security. Could it Be Because They're Dismal?

From: https://www.jobs.ie/ApplyForJob.aspx?Id=1528440 "EF Education First is an international education company focusing on language, academics and cultural experience. EF’s mission is “opening the world through education”. So far we have helped over 15 million people learn a language, discover the world or earn an academic degree. We have fifteen subsidiaries and non-profit organizations, 500 schools and offices in over 53 countries and employ over 40,500 staff and teachers."

Saturday, March 26, 2016

EF International Found in Violation as per Bureau for Private Postsecondary Education

In 2015, EF International Language Schools was issued a citation (Citation 1415064) from the Bureau for Private Postsecondary Education (www.bppe.ca.gov). Violation: 5, CCR 74110 (a-d) -Annual Report "(a) The annual report required by section 94934 of the Code shall include the information required by section 94934 for all educational programs offered in the prior calendar year. (b) In addition to the information required by section 94934 provided under penalty of perjury, the institution shall have annual financial statements prepared for the institution's prior fiscal year and signed under penalty of perjury, and shall submit a hard copy under separate cover of such statements in conjunction with its annual report. The form, content and mode of preparation of financial statements shall comply with section 74115 of this Division. The Bureau may request that the institution immediately make available for inspection to a representative ofthe Bureau, these financial statements at the offices of the institution. (c) An institution shall file its annual report by September 1st. The Bureau may extend the period for filing if the institution demonstrates evidence of substantial need but in no case longer than 60 days. The institution shall not change the date of its filing its annual report because of a change in the fiscal year without the Bureau's approval. (d) The annual report shall be electronically filed by submitting the information required by section 94934 ofthe Code via the Bureau's website, electronically attaching, as directed, the School Performance Fact Sheet and the school catalog. An institution without the capability to submit the information electronically shall inform the Bureau not less than 45 days prior to the date the information is required by subdivision (cJ and receive direction on alternative means of submission." CEC 94934(a)(1-9)- Annual Report "(a) As part of the compliance program, an institution shall submit an annual report to the bureau, under penalty of perjury, signed by a responsible corporate officer, by July 1 of each year, or another date designated by the bureau, and it shall include the following information for educational programs offered in the reporting period: (1) The total number of students enrolled by level of degree or for a diploma. {2} The number of degrees, by level, and diplomas awarded. (3) The degree levels and diplomas offered. (4) The Student Performance Fact Sheet, as required pursuant to Section 94910. (5) The school catalog, as required pursuant to Section 94909. {6) The total charges for each educational program by period of attendance. (7) A statement indicating whether the institution is, or is not, current in remitting Student Tuition Recovery Fund assessments. {8) A statement indicating whether an accrediting agency has taken any final disciplinary action against the institution. {9) Additional information deemed by the bureau to be reasonably required to ascertain compliance with this chapter."

Saturday, November 21, 2015

Support EF Boston Teachers Who Are Organizing

Organizing Mission Statement


At Education First, Boston, the teachers are dedicated to making EF Boston an engaging and innovative place to study and work. We are committed to providing a high-quality education, promoting innovation and encouraging cultural exchange. The teachers of EF Boston work tirelessly to create lessons and curricula, and help their students reach their academic goals.


For too long, the educators at EF Boston have dedicated themselves to their work without representation. Without its teachers, there is no EF Boston. We are the life blood of this institution. We are the ones who sacrifice our time and energy to make sure that each student is receiving quality language education. EF's success is our success and we want to share it.


We, the teaching staff of EF Boston, are organizing to become members of the Communications Workers of America. We want to build a strong workplace union through which we will fight for better wages, improved benefits and good working conditions. We know the importance of the work we do.  


We know that organizing a union will provide us with the protection we need to do an even better job working for our students.


We are organizing for:


  • A collective voice. We, as a whole, want a seat at the table and a say in the workplace changes that affect our daily lives.
  • A legally-binding contract that clearly defines our terms and conditions of employment and protects us from changes at the whim of management.
  • Transparency and fairness in management's decision-making processes.
  • A fair and equitable system regarding distribution of classes, scheduling and vacation time.
  • Fair compensation for lesson preparation time, when we work over 40 hours a week, or need to stay late to do paperwork.
  • Competitive wages including regular increases in our base salary, instead of small, arbitrary increases.
  • Clearly defined job duties and responsibilities.
  • Legal assurance that we cannot be disciplined or fired without just cause.


We are confident that we can achieve our goals if we stand united as a group -- for our students, our families and for ourselves. These goals will give us the freedom and stability to provide the best possible education for our students and continue doing the work we love. We call upon EF to recognize and respect our legal right to organize. We ask that every teacher join us in our campaign for a strong and united voice.


JOIN US!


Please go to link and show support.




Support ESL Teachers in Boston!

Target: Jon Cell, School Director, EF Boston & Shamil Mohammed, Director of Operations- East Coast, EF Boston

Teachers at EF's International Language Center in Boston provide quality English instruction to students from around the world and take pride in the work they do -- all they want is fair compensation for that work and the respect they deserve. That's why these teachers are organizing to form a union and join The Newspaper Guild of the Communications Workers of America (CWA).


Please sign here to ask that EF school administrators respect teachers' right to organize and remain neutral during the union election process, which is scheduled for November 20th.


To: Jon Cell, School Director, EF Boston & Shamil Mohammed, Director of Operations- East Coast, EF Boston


From: [Your Name]


Dear Jon Cell and Shamil Mohammed,


As you know, a group of your employees want to join The Newspaper Guild, which is part of the Communications Workers of America, AFL-CIO.


We, the undersigned, write to ask that you remain neutral in word and deed, allowing your employees to make their own decisions free of either explicit or implicit pressure from their boss. We also urge you to recognize CWA if a majority of your workers sign a union card indicating their desire for representation. As you may know, this procedure called “card check recognition” is quite common.


As members of the community, we have a stake in making sure all workers in Boston, including your teachers, have the right to organize and demand better wages and working conditions. Please be aware that we will continue to support these teachers and monitor this situation as it unfolds.

Friday, November 6, 2015

Are For-Profit ESL Schools Catching On That They HAVE TO Pay for Prep?

A recent (2 weeks ago) job posting form ELI (English Language Institute), San Francisco on craigslist says “compensation: $23/h. Paid lesson prep.”  Could it be that some of these for-profit ESL schools are realizing that, by law, they have to pay for prep time?!  It’s nice to know that some schools are being proactive and not waiting to get sued like others (e.g., Kaplan, EF, Intrax) have been.

Friday, October 30, 2015

St. Giles Teachers Review Proposal that Includes Seniority and Union Security

Bargaining bulletin #3
Your bargaining committee met with St. Giles’ lawyer on Monday absent any representation by management. Megan remains on maternity leave, with her date of return still up in the air. As we shared a comprehensive proposal in September, a response was due from St. Giles in this meeting.
The Company lawyer offered a partial proposal featuring “non-economic terms.” Because Megan is out on maternity leave, the lawyer is not able to discuss the money items. The lawyer walked us through the proposal, which was responsive to our proposal. In many cases, it appears the Company adopted language from our proposal, but was careful to avoid such important items as definitions of “full time,” “part-time,” “fixed term” and other phrases used to describe St. Giles teachers. The lawyer agrees that there has been inconsistent use of terms to describe a teacher’s tenure with the Company. Your committee sees that even more critical work is ahead of us in the bargaining.
However, the Company did seem to agree on some important points, which we hope will make more space to discuss bringing health benefits and pay for all work to our members.
According to unit member, Tanner Stinchfield, “We’ve gotten started on a path toward seniority, hiring procedures, a grievance procedure and other union security provisions.”
Committee members also discussed the importance of making every effort to hire and promote women and minorities, as there is a perception that the majority of the more remunerative positions seem not to be assigned with that in mind.
The lawyer restated the Company’s offer to “open the books,“ and your committee stated (again) that we would like to see them. Your committee is concerned with past information that funds from the SF school were shifted to New York as stated in an all-hands meeting on July 2, 2015. A case could be made that had those funds not been shifted, the SF school would be in a stronger position to meet many if not all of the economic proposals that your committee has put forward.
The Company lawyer hopes that Megan will return to bargaining in November. Your committee has made it clear on the record that we expect St. Giles to present an alternate should Megan not be available for the next session. The parties exchanged dates for most of November and the first week of December.
Representing the bargaining team: Adam Benson, Tanner Stinchfield (sitting in for Britt Lollis) and Kat Anderson, Guild staff, with support from Jessica Mironov.
Representing the Company: Mark Ross, lawyer.

Sunday, October 25, 2015

Editorial by Concerned ESL Teacher

There is no doubt that the for-profit ESL industry has been profiting off its employees and been a breeding ground for wage theft. Slowly but surely things have started to change, but that is because there are employees fighting back. There have been stories of institutions such as Kaplan’s employees unionizing and filing class action lawsuits. I have had colleagues receive notices about class action settlements for back wages from prep time. All of this is good and provides a much needed change for these companies to comply. Even the ones that never make the news because they have been settled in confidential out-of-court settlements help force these companies to change and comply with the law. But the one thing that they have in common is they required employees to fight and speak up. This is something that is not easy to do and often or not the employees who do fight back face retaliation in the form of being harassed and bullied to ultimately terminated. So before you cash that class action settlement check that you received in the mail from working at a for-profit ESL school five years ago, please
take the time to remember to thank those employees who have been willing to fight the fight.

Here is a list of things you can do to help fight back:

1) Learn the basics of employment law, especially wage and hour laws for hourly or non-exempt employees. If you are in states such as California and New York the laws are fairly strict towards employers. It is our duty as citizens to be informed about these things. Many Employment Law firm websites provide excellent sources of information for explaining these laws in less convoluted layman’s terms.

2) Read your employee handbook and look for how your employer defines their own policies. Are they congruent with current laws? Often times they are not. One of the most common things that I noticed in for-profit ESL schools is the amount of
masquerading they do with trying to legitimize how they break the law, especially in the area of prep time or lack thereof.

3) Report things you think are being violated in writing, such as in email. Even if the organization has a so-called policy for complaints to be made orally, try to still do this as best you can, even if it means emailing a colleague. As a former employee who was retaliated for complaining about public policy issues, my smoking gun for evidence was the complaints in emails and how the managers responded inappropriately. Be wary, companies are becoming wise to this and really trying to avoid implicating themselves in emails, which is why it is important to try and do it.

4) Become familiar with government organizations that handle employment law claims. These are sometimes the first steps in fighting back. Often times they do have hotlines that can answer legal questions and help you file. Some examples include the EEOC, DLSE, and DOL.

5) Write anonymous reviews about the school on sites such as Glassdoor and indeed.com. This gives an accurate portrayal of what it is really like to work at places and sometimes it is one of the safer ways to speak up.

6) Work in solidarity with other employees. This is probably the biggest criticism I had with many of my colleagues when I fought a for-profit ESL school. There was a lack of solidarity with the other employees. When I requested one to become a witness in my case he became too scared of retaliation and reported it to management who told him to cease contact with me. I get how you can be scared of retaliation, which is something that is very real. But you can’t go through life being a coward, and at some point you should do the right thing. My case could have been a bigger class action case had my colleagues been more willing to fight with me instead of becoming scared and running, which is exactly what these for-profit ESL schools want. There is safety in numbers and this certainly makes retaliation much more difficult. So please, try to support your colleagues who speak up, not only do they really need your support on an emotional level, but it makes things safer for everyone.

7) Find local employment law firms in your area. One of the biggest surprises I found is the number of attorneys who are willing to work on contingency (work for free until settlement). Many of these firms will offer free consultations, which can be useful for obtaining legal information and learning about what steps to take. Should you decide to seek the help of an employment law firm realize you are entering a contract and have realistic expectations on a settlement. Yes, many of these firms genuinely care about employee rights, but they are also a business.

8) Read books on employment rights and laws. One of the best books that I read and followed a lot of advice from was “Stand Up For Yourself Without Getting Fired: Resolve Workplace Crises Before You Quit, Get Axed or Sue the Bastards” by Donna Ballman. I read this book while I was still employed and it helped me with understanding the process better. It gave me such ideas as how to write a formal complaint and suggest remedies to my former employer such as professional mediation. Ultimately, my former employer failed to do anything and I was terminated, but my documentation and desire to seek remedies helped me to secure a lawyer to help sue the bastards.

*This is not meant to be professional legal advice. Only a lawyer can give you that. My goal is to point employees in the right direction and encourage you to stand up for yourself. This is an industry that will only change if people start fighting back. Complacency will only continue to perpetuate the status quo that many of these for-profit ESL schools are banking on.


Tuesday, October 13, 2015

Another Class Action Lawsuit Filed Against a For-Profit ESL School (Intrax)

A Class Action Suit has been filed against INTRAX in San Diego Co.  The suit claims unlawful wage deductions, failure to pay minimum wage, failure to pay overtime, failure to provide paid rest periods, failure to pay all vested vacation, failure to pay wages upon termination of employment, failure to provide accurate wage statements, unfair competition, and related claims for civil penalties under the California Labor Code.


Claims apply to those who worked for the company between July 30, 2010 and July 1, 2015.  Any Intrax instructors who worked during this period and want to collect money owed to them should contact attorneys representing the class action.

https://www.robbinsarroyo.com/attorneys/

Robbins Arroyo LLP
Brian J. Robbins
Diane E. Richard
600 B Street, Suite 1900
San Diego, CA  92101


Telephone: (619) 525 - 3990
Fax: (619) 525 - 3991
Email: drichard@robbinsarroyo.com

case number: 37-2014-00025454-CU-OE-CTL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO


Friday, October 2, 2015

EF International Must Cease and Desist, Etc (as per NLRB Order)



ORDER The National Labor Relations Board orders that the Respondent, EF International Language Schools, Inc., San Francisco, California, its officers, agents, successors, and assigns, shall 1. Cease and desist from


(a) Threatening employees with unspecified reprisals if they engage in protected concerted activities.


(b) Discharging employees because they engage in protected concerted activities.


(c) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act.


(a) Within 14 days from the date of this Order, offer Andrea Jesse full reinstatement to her former job that job no longer exists, to a substantially equivalent position, without prejudice to her seniority or any other rights or privileges previously enjoyed.


(b) Make Andrea Jesse whole for any loss of earnings and other benefits suffered as a result of the discrimination against her, in the manner set forth in the remedy section of the decision.


(c) Compensate Andrea Jesse for the adverse tax consequences, if any, of receiving a lump-sum backpay award, and submit the appropriate documentation to the Social Security Administration so that when backpay is paid to Andrea Jesse, it will be allocated to the appropriate calendar quarters.


(d) Within 14 days from the date of this Order, remove from its files any reference to the unlawful discharge, and within 3 days thereafter, notify the employee in writing that this has been done and that the discharge will not be used against her in any way.


(e) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order.


(f) Within 14 days after service by the Region, post at its San Francisco, California facility copies of the attached notice marked “Appendix.”4 Copies of the notice, on forms provided by the Regional Director for Region 20, after being signed by the Respondent’s authorized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. In addition to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. If the Respondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall duplicate and 4 If this Order is enforced by a judgment of a United States court of appeals, the words in the notice reading “Posted by Order of the National Labor Relations Board” shall read “Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Respondent at any time since November 20, 2013.


(g) Within 21 days after service by the Region, file with the Regional Director for Region 20 a sworn certification of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply.


Dated, Washington, D.C. October 1, 2105


Sunday, September 27, 2015

SBCC Votes NOT to Extend Contract with Kaplan



Friday, September 25, 2015

In response to growing community concern about large numbers of international students attending English-language training schools, the Santa Barbara Community College Board of Trustees voted not to extend its contract with Kaplan International English to lease campus space. Kaplan is one of a handful of English-language schools that have drawn the ire of community activists concerned that the presence of so many international students was pushing rents up and local families out.

Thursday, July 23, 2015

Embassy CES Uses Deceptive Tactics to Mislead Job Candidates

A craigslist job posting from earlier this month for an ESL Teacher at San Francisco's Embassy CES showed that they use deceptive tactics to lure prospective teachers.


In the posting they write, “Benefits include paid holidays and sick days (certain conditions apply) and paid preparation time.”


Here are some problems with that -


  1. While it is true that companies are not obligated to provide paid holidays, the vast majority of larger companies do provide them. BTW, ECES (Study Group) is an extremely large company.
  2. In California, employers are obligated to provide paid sick time (Thank you Governor Jerry Brown for signing AB 304 into law which took effect July 13, 2015).  Therefore, this is not a benefit, but just the company following the law.
  3. Likewise for paid preparation time.  By law, all non-exempt employees (= paid by the hour) must be compensated for all time they spend working for the company.  This includes prep time.  So again, this IS NOT a benefit. See U.S. Dept. of Labor, Fair Labor Standards Act (FLSA).


Addressing #3 above - one might assume that Embassy CES learned its lesson from other corporate ESL schools in San Francisco like Kaplan and EF International both of which were sued by teachers who hadn’t been paid for their prep time. As part of the settlements in these cases, the companies were required to provide back-pay for all the prep time that they should have been paying to begin with.

These kinds of class action suits by teachers can force these greedy companies who disregard labor laws in their efforts to increase profits to be more honest.  I say only “more honest” because there is still a lot of work to be done.


P.S. If you are part of the Google Group - SF ESL Teachers, you can view the full job description/craigslist posting posted today at https://groups.google.com/forum/#!forum/SFESLteachers