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Federal Judge Says Interns Should Be Paid

An anonymous reader writes "Student interns are typically relegated to menial tasks like fetching coffee and taking out the trash, the idea being that they get paid in experience instead of money. On Tuesday, Manhattan Federal District Court Judge William H. Pauley disagreed, ruling in favor of two interns who sued Fox Searchlight Pictures to be paid for their work on the 2010 film Black Swan. The interns did chores that otherwise would have been performed by paid employees. Pauley ruled, in accordance with criteria laid out by the U.S. Department of Labor, that unpaid internships should be educational in nature and specifically structured to the benefit of the intern, and reasoned that if interns are going to do grunt work like regular employees, then they should be paid like regular employees." The article seems to imply that this might be the beginning of the end for the rampant abuse of unpaid internships: "Judge Pauley rejected the argument made by many companies to adopt a 'primary benefit test' to determine whether an intern should be paid, specifically whether 'the internship’s benefits to the intern outweigh the benefits to the engaging entity.' Judge Pauley wrote that such a test would be too subjective and unpredictable."

540 comments

  1. Genius judge by clarkkent09 · · Score: 2, Insightful

    If you have to pay interns like regular employees, what's the point of hiring interns?

    --
    Negative moral value of force outweighs the positive value of good intentions.
    1. Re:Genius judge by intermodal · · Score: 5, Insightful

      It's not the judge's job to defend the internship concept.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    2. Re:Genius judge by 1s44c · · Score: 4, Insightful

      If you have to pay interns like regular employees, what's the point of hiring interns?

      Because some of them are good enough that you will want to employ them later but you can't really tell which ones from a conventional interview.

      Personally I think no-one should be employed for zero pay, interns are not slaves.

    3. Re:Genius judge by 54mc · · Score: 3, Insightful

      The only point I can see is that even if they have to be paid, you still have perfectly legitimate reason to pay them less than you would someone else doing the same work.

      The real problem is the racket they've got going. You can't get a job without experience and the only experience you can get is going to be unpaid or underpaid labor doing the exact same job

      --
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    4. Re:Genius judge by saihung · · Score: 5, Insightful

      The "point" of hiring interns is to provide them with an educational experience. That's why you don't have to pay them - because they show up primarily for their own benefit and provide few, if any, benefits to the host organization. People who show and do valuable work for you are called "employees," and the thing about employees is that they have a legal right to be paid. Once upon a time, businesses understood this and hired seasonal workers (students on summer vacation) for a small salary. Nowadays every imbecile thinks that an "intern" is a source of free labor. Wrong.

      If you want free labor and you're a for-profit business? Screw you. We have minimum wage laws for a reason. You are not allowed to make a profit off of someone's labor and not pay them. "Internship" is not a code word for "someone I can't be bothered to pay."

    5. Re:Genius judge by Anonymous Coward · · Score: 0, Troll

      I'm so glad you're here to dictate what peoples' jobs really are or are not.

    6. Re:Genius judge by clarkkent09 · · Score: 4, Funny

      There are jobs that people really, really, really want to do for zero pay. Why wouldn't you allow them to make that decision for themselves?

      --
      Negative moral value of force outweighs the positive value of good intentions.
    7. Re:Genius judge by Anonymous Coward · · Score: 0

      They are easier to get rid of again.

    8. Re:Genius judge by dywolf · · Score: 1

      2 off top of my head:
      to promote interest in job fields
      to pre-vet individuals who are interested in a job field

      there are many paid internships. there are many more unpaid ones. unpaid ones are well known for being abused and doing nothing educational or related to the students curriculum, instead being simply a source of free labor.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    9. Re:Genius judge by dywolf · · Score: 2, Insightful

      That's called volunteering and is not a "job".

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    10. Re:Genius judge by cayenne8 · · Score: 2, Insightful
      Well, say goodbye to internships...

      While rulings like this are well meaning, they will hurt more than help in many cases.

      Much like minimum wage, making it higher...a living wage, hurts low end job markets. It isn't MEANT to be a living wage for supporting a family. These jobs are for kids, living at home still or maybe in college...

      We need these jobs that teach kids skills, and/or allow them to start to earn money, and find out what it entails for working a job, dependability and responsibility, and how to manage money.

      Kids still often get school credits for these internships, no?

      --
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    11. Re:Genius judge by gl4ss · · Score: 3, Interesting

      If you have to pay interns like regular employees, what's the point of hiring interns?

      .. ? if you "hired" interns, you would pay them.
      using interns for just manual labor nothing to do with the subject they're studying is just.. well, it's sort of cheating them and not just sort of, it's downright fraud against the school institutions as well who count them as course credit - of course those institutions are to be blamed for the abuse of the system as well since if they require "internship" for graduation but have no qualifiers on the actual work then they're pretty much just participating in free manual labor work experience without pay program. it's stupid for everyone involved except for those who sell their services to someone and pocket the cash(half of worlds magazine adverts are photoshopped and laid out by free interns - but the company still bills the client for their time and that's just nasty).

      if they got nothing for the interns to internship in they shouldn't be taking them in. but free labor and intern bitches yayyyy so they take them even if they have no intention of teaching them anything or putting them into any work in the field their internship is supposed to be in.

      there's of course all sorts of other reasons for putting the hammer on it, because otherwise soon you'll mcd will no longer have any employees - just permanent interns who get paid 1/10th of the minimum wage as "expenses" for their work.

      --
      world was created 5 seconds before this post as it is.
    12. Re:Genius judge by sribe · · Score: 4, Informative

      There are jobs that people really, really, really want to do for zero pay. Why wouldn't you allow them to make that decision for themselves?

      Why don't we allow people to sell themselves into slavery? Because as a society we long ago decided that slavery was immoral. Why don't we allow people to contract themselves into a period of indentured servitude? Because as a society we long ago decided that indentured servitude was immoral. Why don't we allow people to work for profit-making corporations without being paid for their labor? Because as a society we long ago decided...

      Note that unpaid internships are legal in 2 broad circumstances: first, of course, working for a non-profit entity, second where the intern is being trained and not performing immediately useful work for the company.

    13. Re:Genius judge by pellik · · Score: 5, Insightful

      There are plenty of paid internships out there already. The paid internships are actually much more likely to get the student a real job after college, too. Also remember that the students are still paying tuition for the credit hours their internship earns them.

    14. Re:Genius judge by pellik · · Score: 2

      Students still pay tuition when they do internships. Volunteering is free, this is pay to work.

    15. Re:Genius judge by pr0fessor · · Score: 1

      I personally believe that interns should be paid {maybe not the same as a regular employee} and that they should get hands on experience while interning. Which means they will need to do the work but in a supervised manner with someone who can educate them. This would benefit both the company and the student. The company gets a cut rate on some work and the student gets real experience.

    16. Re:Genius judge by g0bshiTe · · Score: 1

      "hired"

      hire - to engage the services of a person for a fee
      to engage temporary use of for a fee

      If you aren't paid you aren't hired by definition.

      Internships while in theory are for the benefit of the intern to get real world experience, it really is just an avenue for a company to enjoy free labor.

      --
      I am Bennett Haselton! I am Bennett Haselton!
    17. Re:Genius judge by Anonymous Coward · · Score: 5, Insightful

      We need these jobs that teach kids skills, and/or allow them to start to earn money, and find out what it entails for working a job, dependability and responsibility, and how to manage money.

      They can't very well learn to manage money when they aren't earning any.

    18. Re:Genius judge by Kevin108 · · Score: 1, Insightful

      This will lead to a lack of internships; a lack of a way to gain experience before you begin marketing yourself as someone with skill in a given field. For many companies, if they have to pay interns, they simply won't create such positions.

      --

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      A perfect time to watch the stars.
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    19. Re:Genius judge by I'm+New+Around+Here · · Score: 0, Flamebait

      There are jobs that people really, really, really want to do for zero pay. Why wouldn't you allow them to make that decision for themselves?

      Why don't we allow people to sell themselves into slavery?

      Interns aren't allowed to walk away from a company that mistreats them? Modern slave owners are allowed to whip and kill their interns?

      I did not know that.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    20. Re:Genius judge by Anonymous Coward · · Score: 0

      Are you stupid. Hiring interns is an easy way to vet trough many people at the same time and keep just one - the best suited for the job, while the others can't really object being fired. That is how it works in the rest of the world. They are different from temp non-full time workers in many ways.

    21. Re:Genius judge by Bill_the_Engineer · · Score: 0

      Unlike slaves, Interns actually choose to become interns.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    22. Re:Genius judge by h4rr4r · · Score: 2

      I did 9 months of paid internships to get my degree. Unpaid internships would not have counted.

      They are not coffee fetching jobs.

    23. Re:Genius judge by Anonymous Coward · · Score: 0

      There are jobs that people really, really, really want to do for zero pay. Why wouldn't you allow them to make that decision for themselves?

      Name one.

      As a constraint, that one must be a job that people actually WANT to do for zero pay, not a situation where people have no choice in the matter because employers can simply get away with slave labor. That is, the key terms are "want" and "for zero pay", not "want" and "to do".

    24. Re:Genius judge by Synerg1y · · Score: 0

      Agreed, in most societies people like the ones that sued in this case would be called ingrates and barred from further work with the wherever they're interning. I mean its written out for you when you intern what to expect, and if you feel like you shouldn't have to do it you can say no. I don't think this is going anywhere though, the judge is clearly bat-shit stupid.

    25. Re:Genius judge by sribe · · Score: 5, Interesting

      I hope you get modded up, as your comment gets to the core of the issue very nicely. I just wanted to expand on this:

      Nowadays every imbecile thinks that an "intern" is a source of free labor.

      Yeah, I run a very small software dev business, and on a couple of occasions I have hired interns for the summer. Of course, as I hope everybody here knows, in our industry interns get paid, and pretty well...

      A couple of times, in conversations with friends outside the industry, when this subject came up, there was a total disconnect. They wondered how the heck somebody like me could find interns, and it turned out that their bafflement was because they assumed that by "intern" I meant "unpaid". I was so shocked by this ridiculous assumption that the first time I was literally speechless for a few seconds while I processed the concept: "this person thinks that there are young people who will develop software for a for-profit entity without being paid, wtf...". Then I slowly explained: "no, in this industry employers consider it customary to pay our employees..."

    26. Re:Genius judge by CastrTroy · · Score: 4, Interesting

      I never understood how companies got away with this kind of stuff in the USA. I'm from Canada, and I've never heard of an unpaid intership happening here. If it does, I don't know why anybody would go for it. In university, we had a Co-op programme which required us to alternate between semesters of school and work. Took a little longer to finish your degree (but only a little bit more, we were either working or in school year round, and work only started after second year). After we graduated, we had 16 months of paid work experience. They didn't pay us as much as regular employees, but it wasn't minimum wage work either. And the co-op coordinators at the school ensured we were doing real work and not just fetching coffee and making photo copies.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    27. Re:Genius judge by h4rr4r · · Score: 1

      Not at all.
      I did 9 months of paid internships during college. It will just eliminate coffee fetching jobs which is a good thing for the interns.

    28. Re:Genius judge by Synerg1y · · Score: 1

      You've never met a personal assistant for some CEO have you? :)

      Also, I agree with OP, make your own decisions, and then take responsibility for them. If you need your hand held, tty mom.

    29. Re:Genius judge by clarkkent09 · · Score: 1

      It's not slavery. It is a way for young people with no experience and no valuable skills to contribute to the employer in exchange for money, to instead trade their labor for work experience which they can later use to make real money. The concept of apprenticeship has been around for centuries and nobody ever said it was immoral until you just did.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    30. Re:Genius judge by sed+quid+in+infernos · · Score: 2

      There are several comic books I'd write for in exchange for zero pay. I worked stage crew for several concerts in college for zero pay, entirely voluntarily. Both examples are for-profit enterprises.

    31. Re:Genius judge by Anonymous Coward · · Score: 0

      The company that cannot tell whether a candidate is worth hiring or not through its interview process deserves to go out of business. These are likely the same companies that have HR personnel being the level one screeners for engineering, account, etc. talent, areas in which they have absolutely no knowledge whatsoever of the domain.

      These are interns, not full-time employees. If things do not work out, it is a simple matter to fire the intern with no other obligations. Unpaid internships are an invitation to abuse, especially since some colleges now require a completed internship as a condition to graduation.

    32. Re:Genius judge by h4rr4r · · Score: 4, Informative

      In most societies it would have been illegal to have them working without pay. What to expect does not make that legal. The judge is correct.

    33. Re:Genius judge by master_kaos · · Score: 1

      Well could have a lower minimum wage for intern, or have tax breaks for companies who hire interns, etc

    34. Re:Genius judge by Bill_the_Engineer · · Score: 4, Informative

      If you read the article you would have found out that the "interns" were actually unpaid workers. From the article: "The judge noted that these internships did not foster an educational environment and that the studio received the benefits of the work." The judge correctly ruled that Fox Searchlight Pictures did not followed the criteria laid out by the U.S. Department of Labor. (You didn't even have to read the article - it's in the summary too). The criteria linked above is a good read btw.

      It's about damn time the government went after the abuse. It doesn't affect our interns since (1) they are paid a stipend and (2) it is actually educational and benefits them way more than us. We use interns to foster growth in research. The movie industry use interns for free labor.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    35. Re:Genius judge by Anonymous Coward · · Score: 1

      I suspect what TFS meant to say was that since the interns were doing work, just like regular employees were doing work, then the interns should get paid.

      I doubt the judge ruled on *how much* those interns would get paid.

    36. Re:Genius judge by 9re9 · · Score: 1
    37. Re:Genius judge by Half-pint+HAL · · Score: 5, Insightful

      Well, say goodbye to internships...

      Try having a look at a country where this has long been established in law, and you'll find internships are flourishing.

      What we've said goodbye to is the exploitation of free labour to do menial tasks that offered no real benefit to the intern. There's a great scheme in Scotland where the enterprise development agency funds internships for students/recent graduates at new startups. There are strict conditions attached to the money, as the internship has to be directly related to a specific project, so that the intern is exposed to the full lifecycle and gets genuine experience to talk about at interview. This gives the businesses the opportunity to take a chance on something new or different, benefiting everyone. (Normally.) In fact, there's a great history of companies taking on their interns after, as these companies are at a stage of rapid expansion.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    38. Re:Genius judge by I'm+New+Around+Here · · Score: 4, Insightful

      I always assumed interns actually performed services in relation to what their field of study is. Fashion students do fashion work like costumes, makeup, jewelry making, etc. Journalism students check facts, review articles, report on local/low importance stories. Other students perform tasks actually related to their future job. And these tasks for all interns include some grunt work such as cleaning up the shop, checking supplies, pumping the bellows at the forge, whatever is needed.

      But I don't think anyone goes to college to be coffee-handler or floor-sweeper. If that is the extant of their internship experience, they should be paid like the other employees. Or better, they should report that to their professor/school, and that company should be excluded from the internship choices. When their free labor pool disappears, they will stop abusing the process.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    39. Re:Genius judge by master_kaos · · Score: 1

      yup same, in college I did a total of 8 months of intern, fully paid, didn't hear of anyone getting unpaid. And the pay was actually somewhat decent for living with parents, first 4 month internship extrapolating to a yearly salary was 38k second one was 30k. All of my friends were all in the 28k-45k range as well

    40. Re:Genius judge by bkaul01 · · Score: 1

      This may not apply to Hollywood, but in engineering and scientific research fields, hiring student interns is (1) far cheaper than having an experienced engineer or researcher do many of the more time-consuming low-level tasks, and (2) gives us kind of an extended interview period and lets us develop a relationship with them, so that if we've got a position open after they've finished their studies we already have an idea of whether they'd be good candidates.

    41. Re:Genius judge by the_B0fh · · Score: 1

      For abuse and to get them to do things regular employees would quit over, of course.

      And, of course, free "add-on" services, right? Right?!

      If the companies aren't getting any use out of interns, would they take on interns? Most wouldn't.

      So your argument is flat out wrong.

    42. Re:Genius judge by mozumder · · Score: 0

      Sometimes I hire unpaid interns. They're really completely useless to the organization. We hire them in the hopes of finding future talent, maybe they have an eye that we can train for our needs, etc. But they really need to be trained first, and this training doesn't benefit us at all.

      This is what internship programs are supposed to be. Their "work" isn't supposed to benefit the organization. Sure you can tell them to get coffee, but that isn't work that benefits anyone. You can tell them to file papers or write an article or lay out some copy all day, but an actual senior employee would have it done in seconds, without handholding them all day on what to do..

      Internships really are for the benefit of the interns.

      But if we're supposed to pay them? That's really going to end that.

      At least co-ops did useful work, but they're paid.

    43. Re:Genius judge by h4rr4r · · Score: 1

      Same here, in USA, about $30k if I had been employed a whole year. Mine was on the low end.

    44. Re:Genius judge by spiritplumber · · Score: 1

      Then tell someone "I am hiring you for 2 weeks at minimum wage, to see how well you do".

      --
      Liberty - Security - Laziness - Pick any two.
    45. Re:Genius judge by Anonymous Coward · · Score: 1

      I mean its written out for you when you intern what to expect, and if you feel like you shouldn't have to do it you can say no.

      And I've seen internship descriptions that are shown to incoming interns that are general, and along the lines of learning to use technology and techniques related to the field, and a chance to contribute to a real world project. They don't write out if the intern is going to spend most of that time carrying boxes, fetching coffee, and doing secretarial work. I've seen an internship that was advertised as getting real world experience with database design and maintenance, that amounted to the student doing manual data entry from old paperwork, never actually touching a database beyond the single entry form they were given. By the time they are that far along to realize that it won't live up to their expectations or what the write up said, it may be too late to get a different internship, and quitting might mess up their school program. While there are usually provisions for an internship being bad, some just keep quiet and move on with their lives afterward.

    46. Re:Genius judge by the_B0fh · · Score: 1

      Slavery means you can indiscriminately kill them? I didn't know that.

    47. Re:Genius judge by h4rr4r · · Score: 3, Informative

      Apprentices normally get paid. Go ask a local electrician. No one is saying pay these folks top dollar, just minimum wage or more.

    48. Re:Genius judge by Anonymous Coward · · Score: 0

      The real problem is the racket they've got going. You can't get a job without experience and the only experience you can get is going to be unpaid or underpaid labor doing the exact same job

      I had made four movies on my own by the time I finished highschool and three more during college. They all sucked. I had several job offers by my junior year, and I never interned. The "only experience you can get" idea is bullshit.

      What is true is: you can't get a (fun) job without having passion If you want make movies then start making movies. Get some dolls and a camera and go. You will suck. Then you will suck less. Eventually, you'll be good enough to be worth paying. Then you can "hire" your former classmates as interns to fetch you coffee, because they need a "job", even though they still suck at making movies.

    49. Re:Genius judge by Anonymous Coward · · Score: 0

      And both examples where walking out or performing sloppy work have the same "zero" consequences, it's not the same for an intern.

    50. Re:Genius judge by Anonymous Coward · · Score: 0

      If the internship is being done as part of a school program, and depending on the nature of that requirement, quitting the internship might mean adding another year to the program if they have to wait until next cycle to get in on a new internship. While some programs are much more flexible about when and where you get the internship, others are more narrow, and the local companies are expecting incoming interns at a certain time

    51. Re:Genius judge by Anonymous Coward · · Score: 0

      if you have to pay them like regular employees, they are probably really hard to fire also....
      as a free intern you could have shown your worth and got hired, i wonder if now companies will be less likely to take a chance on a fresh out of college youth.
      i guess retail will be the new internship program.

    52. Re:Genius judge by Anonymous Coward · · Score: 0

      It's not slavery. It is a way for young people with no experience and no valuable skills to contribute to the employer in exchange for money, to instead trade their labor for work experience which they can later use to make real money. The concept of apprenticeship has been around for centuries and nobody ever said it was immoral until you just did.

      Except that apprenticeships involve actual training, and are paid. In fact Germany still has a thriving engineering apprenticeship scheme that pays quite well compared with other things young adults can do immediately after completing school. That's the point of apprenticeships.

      Too many US businesses seem to have replaced the concept of hiring junior admin temp staff with unpaid interns. They don't do much except make coffee and photocopy etc, but are supposedly gaining experience. But what in? Making coffee? Ricoh copier operation? Absorbing the aura of the business through some kind of osmosis? I wouldn't be biased against a candidate because they had done that sort of job as a student (I did, after all, but for money) but I wouldn't really count it as industry experience.

    53. Re:Genius judge by Anonymous Coward · · Score: 0

      But this unpaid "fetch the coffee" internship doesn't provide any useful work experience for anything except (wait for it) fetching coffee. If that's the case, go work for Starbucks and get minimum wage minus tip allowance. Internships should be paid, and should be doing useful mission-centric work. If the work is worth paying somebody to do, then the employer doesn't need to have that work done, unless it's to stroke somebody's ego.

    54. Re:Genius judge by clarkkent09 · · Score: 1, Insightful

      But what if their work is not realistically worth even the minimum wage to the employer? What if they can get a more experienced person for the minimum wage instead of a dumb kid who never did any work in their life?

      --
      Negative moral value of force outweighs the positive value of good intentions.
    55. Re:Genius judge by Synerg1y · · Score: 2

      To get your foot in the door, some "interns" may not even call it an internship to avoid getting paid and picking up the experience instead as volunteer work. The part I'm really missing is if everybody wanted a paid internship why would anybody accept an unpaid one?

    56. Re:Genius judge by Anonymous Coward · · Score: 1

      You can still pay them less than regular employees. You don't have to provide the same benefits. You can take them on for temporary projects without all the bureaucracy of a permanent hire. You get to make a difference in the life of a young person and help them on their career path, while still hopefully getting some useful work done, this should be valued in a good company (many businesses of course aren't...). Most importantly, you get to "test drive' young people who you think have potential as future employees, and if you like them and give them a good experience you have a good chance of hiring them after they graduate.

    57. Re:Genius judge by h4rr4r · · Score: 1

      But what if they sprout wings and begin to fly?

      Then the employer should hire a more qualified person. The dumb kid can go get another job in a more profitable field.

    58. Re:Genius judge by sed+quid+in+infernos · · Score: 1

      I wasn't defending intern practices. I was answering a question, and posing at least two examples of jobs I'd like to be legally allowed to be performed for zero pay, in at least some circumstances.

    59. Re:Genius judge by JTsyo · · Score: 1

      The judge seems to say something similar. He says it's not OK to have them as unpaid interns and then have them do coffee fetching jobs, that implies it would be OK if they were actually doing things that would gain them experience and had educational value.

    60. Re:Genius judge by h4rr4r · · Score: 4, Insightful

      Volunteering at for profit businesses is generally speaking illegal. Calling it something else does not fool the law. I would imagine they have trouble finding paid internships and outside pressure like college credits requires them to do this work.

    61. Re:Genius judge by Anonymous Coward · · Score: 0

      Interns aren't allowed to walk away from a company that mistreats them? Modern slave owners are allowed to whip and kill their interns?

      I did not know that.

      In some slavery systems, the slaves could buy their own freedom. In those systems, I doubt the owners were allowed to kill them. There are other forms of slavery than the worst one. The modern way "you are free to go, if you can afford it. You cannot? Too bad, now back to work" is still very close to slavery.

      I don't understand why workers would want such work to be allowed. If few do it, it might well benefit them. Unpaid work means less paid work needs to be done, so if too many do unpaid work, many more are hurt. Banning such work would benefit workers as a whole, even those who would benefit somewhat from unpaid work.

    62. Re:Genius judge by Anonymous Coward · · Score: 0

      There are jobs that people really, really, really want to do for zero pay. Why wouldn't you allow them to make that decision for themselves?

      Why don't we allow people to sell themselves into slavery?

      Interns aren't allowed to walk away from a company that mistreats them? Modern slave owners are allowed to whip and kill their interns?

      I did not know that.

      It isn't that interns aren't allowed to walk away, in the case of this trial, it's that the interns were promised something they didn't get. So they give their time freely and are abused. Imagine your reaction to joining a company in which you were promised a certain type of job, say chief architect, and was then given the job of a helpdesk representative. You might say that you'd do it if you're paid as an architect, but does that really help you in your career?

      I don't know of anyone who would stand for that despite making a decent wage. Now take away the money. These are kids who don't know how selfserving people in business can be. If our schools taught students the way our labor system in the U.S. works, I would say that it's the interns fault. But the schools are just as guilty as the businesses because they promote unpaid internships as well.

    63. Re:Genius judge by Anonymous Coward · · Score: 0

      In most societies it would have been illegal to have them working without pay. What to expect does not make that legal. The judge is correct.

      Citation please? In most societies it's illegal to offer services free of charge on an agreement?

    64. Re:Genius judge by sanosuke001 · · Score: 1

      My college also required a couple co-ops which were required to be a paid position so that they knew we were doing meaningful work that applied to our degree programs. Fetching coffee and running errands is not meaningful work (or experience) in my opinion.

      --
      -SaNo
    65. Re:Genius judge by Anonymous Coward · · Score: 0

      Getting experience in theater involves a lot of work for free or eventually work for a very small honorarium. The paid positions require quite a bit of experience, and that leaves a lot of volunteer work needed to work your way up to it. That resulted in nearly everyone in a circle of friends that had theater backgrounds to leave the field, except for those that could use their experience to form their own business and make money on the side. And that was in Canada.

    66. Re:Genius judge by Anonymous Coward · · Score: 0

      Apprentices were always paid for their work.

    67. Re:Genius judge by Drewdad · · Score: 2

      Personally I think no-one should be employed for zero pay, interns are not slaves.

      Goodbye parenthood.....

    68. Re:Genius judge by Anonymous Coward · · Score: 2, Insightful

      Internships are meant to be educational, and for the benefit of the intern. People who take an internship are justified in expecting a program that is educational, and to their benefit. A program in which they perform work that a paid employee should be performing should quit once the nature of the job is made clear, but at that point, the employer has essentially committed fraud, violated the internship contract (implied or otherwise), and probably committed a significant amount of what an employer would call "time theft" if the tables were turned. Internships are not meant to be busy-work that gets you a back-slapping nudge-wink goodwill advantage purely by demonstrating that you're wiling to jump through hoops and suck down any shit employers might consider feeding you in the interest of their balance book. Employers who try to use them that way deserve punishment, just like any other criminal.

    69. Re:Genius judge by SJHillman · · Score: 1

      My internship cost me around $6000 between tuition and commuting. I was reimbursed for mileage spent on the job, but was otherwise unpaid (save for the odd case of Heineken the company president shared when we had to work late). It took up 50 hours a week, which I couldn't use to get a job to pay all of the above plus those little luxuries of life like food and rent. I basically financed everything on a credit card during my internship and a few minor freelance gigs I could land, which really hurt me financially for a couple of years. The only upside to the internship is that because it counted as part of school, student loans weren't due until 6 months after the internship ended by which time I already had a job.

      In spite of all that, I think unpaid internships should still be an option because they do work great for a lot of people that can live with their parents or have other income. However, I wouldn't be opposed to there being a separate minimum wage for interns and underage kids - something just high enough to cover the cost of commuting, required clothing and other job-related expenses that employers don't normally pay employees extra for.

    70. Re:Genius judge by dywolf · · Score: 5, Insightful

      this doesnt stop unpaid internships.
      RTFA.
      this stops unpaid interns being used as free labor for activites that cannot be onsidered educational. two film school students being given an internship on a movie and being used as unpaid labor instead of being TAUGHT THINGS. that is the sort of thing being stopped. not unpaid internships as a whole, but those which are simply trying to get free labor and not fulfilling the educational requirement.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    71. Re:Genius judge by Sique · · Score: 3, Informative

      Yes. It's called tax evasion. If a for-profit business gets something of value (like unpaid work), it has to pay taxes on it.

      --
      .sig: Sique *sigh*
    72. Re:Genius judge by gman003 · · Score: 1

      Still cheaper than a full employee. "Not free" does not imply "same cost as a regular employee".

      My company hires a lot of interns, usually at $10/hr. If they're good, we usually hire them when they graduate, at a full salary. So we're "good" when it comes to internships. But still very cost-effective, and it's a good way to see which new graduates are worth hiring, and which aren't.

    73. Re:Genius judge by Joe_Dragon · · Score: 3, Insightful

      but some of the no pay interns are doing basic office work / basic labor and not stuff in there fields.

    74. Re:Genius judge by AlphaWolf_HK · · Score: 0

      If you don't want to work for zero pay, then don't. The purpose is to gain first hand experience into the career field without somebody having to take the risk of hiring somebody who is a complete unknown. Really this wouldn't be a problem if there weren't so many damn laws, regulations, and costs that make it hard to fire people who aren't worth a shit. The problem is that politicians as well as so called "workers rights" types expect to have it both ways, and then wonder why many people have a hard time starting a career. They think they're doing the average Joe a service, but instead all they're doing is making things more difficult.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    75. Re:Genius judge by Anonymous Coward · · Score: 0

      Then it's highly unlikely the position they are training for is something that would require an internship.

    76. Re:Genius judge by Sique · · Score: 1

      Following the Bible, killing a slave was considered a crime. Mistreating them to dead was considered a crime too. You find similar rules in Hammurapi's Law in Babylon, so I guess, they were quite common.

      --
      .sig: Sique *sigh*
    77. Re:Genius judge by SJHillman · · Score: 5, Informative

      "There are plenty of paid internships out there already"

      That's a pretty broad statement that ignores a number of facts, such as:
      1) Not every field has paid internships
      2) Not every field has internships readily available
      3) Not every location has companies nearby willing to take on interns (think small cities and rural areas)
      4) Not every paid internship is flexible enough to be viable
      5) Not every internship meets the educational requirements some schools have for it to count

    78. Re:Genius judge by Anonymous Coward · · Score: 2, Informative

      But what if their work is not realistically worth even the minimum wage to the employer? What if they can get a more experienced person for the minimum wage instead of a dumb kid who never did any work in their life?

      From the summary: "The interns did chores that otherwise would have been performed by paid employees.". So clearly, it was jobs that needed doing. And if they 'cant get a more experienced person for the minimum wage' then the job cleary doesnt offer ENOUGH PAY. If you want experienced people, be prepared to pay them as experienced people.

      If it is work that you would otherwise have to pay someone to do, then the intern deserves to be paid as well. Again, from the summary "unpaid internships should be educational in nature and specifically structured to the benefit of the intern" so sure, you can have unpaid internships, but then the intern should get something out of it as well.

      Also: Captcha "exploit", heh :)

    79. Re:Genius judge by Sique · · Score: 1

      Unlike imaginary slaves, many real slaves actually chosed to become slaves. There were lots of people who sold themselves into slavery to pay off depts or similar. And it's still illegal to do so.

      --
      .sig: Sique *sigh*
    80. Re:Genius judge by clarkkent09 · · Score: 0

      The dumb kid cannot go get a paying job, that's the problem. How do you get a paying job when your resume shows literally nothing, zero, except perhaps graduating high-school (if that) which is the case with many young people, especially from poor backgrounds? And on top of that when your crappy school and your poor, uneducated parents didn't even give you skills to introduce yourself properly, never mind any useful work skill or work ethic. Until you grow a power to FORCE employers to hire people even against their will, i.e. forget about liberty and switch to a full on communist dictatorship, they will simply not pay money to dumb kids to do crappy work and potentially do more harm than good to their company. It's the attitudes like yours that cause 50% under-25 unemployment in countries like Spain, Greece etc.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    81. Re:Genius judge by Anonymous Coward · · Score: 0

      Unlike slaves, Interns actually choose to become interns.

      Actually in the Roman world it was not uncommon for people to sell themselves into slavery if they were on the verge of starvation. If someone has invested a capital sum in you, then they need to keep you alive and reasonably healthy over the medium/long-term in order to recoup their investment. On the other hand, a poor person trying to survive as a free man by 'day labour' type work was taking risking that even a small recession would lead to a period of no work and therefore death.

    82. Re:Genius judge by Sarten-X · · Score: 1

      I'm currently doing the job of a tech director at my church on a voluntary basis, which would normally be a paid position. The short version of the story is that we can't really afford to hire a tech director, but I think we need one, so I'm doing the job.

      Art and design industries are full of talent, but there are very few opportunities for discovery. I know several artists who would gladly get coffee every morning just for the chance to drop a sketchbook on an executive's desk. After all, a few of them work at Starbucks already...

      Industries involving manual labor also face a problem where employees are likely "trained" but still don't know what they're doing. Sure, they know exactly what a gently-used widget looks like under the classroom lighting, but out in the field with a few years' dirt on it, the old-model widget looks unrecognizable, so the newbie has to call over a senior to help, wasting time and money. It'd be far more cost-effective for the company (and for the employee, as well) to have the newbie shadow the senior for a while... but that's hard to justify to a manager who just hired somebody "trained".

      For more good examples, look through job listings. Any "entry-level" position that's looking for an applicant who already has experience is really looking for an ex-intern. If a short internship , even unpaid, means the difference between being employable or not, why should we limit a job-seeker's options?

      Personally, I'd like to see unpaid internships be allowed, but they would be considered somewhere between "employed" and "unemployed"... Eligible for benefits from the company (including time-based seniority) and the company must count them as an employee, but not employed enough to interrupt unemployment benefits from a previous employer or require union membership.

      Basically, the intern should be considered an employee with no pay, but not have to pay extra (or lose otherwise-earned income) for the privilege.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    83. Re:Genius judge by dubbreak · · Score: 0

      Because some of them are good enough that you will want to employ them later but you can't really tell which ones from a conventional interview.

      Exactly. This is definitely the case in software. I had a few co-op students working under me (essentially an internship, it's paid work experience while they are still in school and depending on a few points it can even be subsidized). Telling a good dev from a poor one is a difficult task even with someone experienced. Interviewing a nervous university student with little experience is even more difficult (though a few good technical problems for them to solve weeds out the idiots). A good candidate may end up being mediocre (poor work ethic, incompatible personality), and others may surprise. It puts some experience under their belts so it's easier to get hired out of school and makes them more than flipping burgers (my first co-op as a student made me $17/hr when minimum wage was around $8.. though most fast food joints were paying >$10 from what I heard).

      The flipside is often companies will offer the good candidates another term or a job. I had a job right out of school from a co-op position. I ended up hiring someone who co-oped under me as a contractor once he was done school (and before the company I managed him at could offer him a position).

      There is no better way to find good jr candidates for a software company in my opinion. You get extra bodies that are generally productive at below market rates (plus possible subsidies which make it even more affordable) and get to essentially try before you buy. A co-op term is only as long as a school term (3-4 months), so if it doesn't work out you don't have to worry about firing anyone and the costs associated with that. You are also free to offer extensions (though my experience with the local university is they don't want anyone doing more than two consecutive terms anywhere so the student can branch out). We had them working on real work as well. A super smart one was working on modifying a data storage engine for an embedded project. One that didn't have the same programming chops was working on the testing framework and automating some manual tests we had to do for a particular client. They did real, valid, valuable work.

      --
      "If you are going through hell, keep going." - Winston Churchill
    84. Re:Genius judge by SJHillman · · Score: 1

      " The part I'm really missing is if everybody wanted a paid internship why would anybody accept an unpaid one?"

      Let's try an analogy. Your office has 50 workers (people looking for internships). Someone brings in donuts. There's 20 frosted donuts (paid internships) and 20 plain donuts (unpaid internships). All of those 50 works want frosted donuts. The end result is that 20 people get the frosted donuts, 20 more settle for plain because it's better than nothing and the last 10 people just don't end up with one at all because it's a limited quantity.

    85. Re:Genius judge by Kagato · · Score: 1

      It doesn't say you have to pay them prevailing wage, just that you have to pay them. That's most likely several orders of magnitude less than a FTE. This is more or less an issue with the entertainment business. I think it has a lot to do with the nature of the business that has a well deserved reputation for using dicey accounting methods to screw people out of royalties and bonuses.

      In non-entertainment businesses it's customary for interns to be paid, often quite well considering the entry level nature of the position. Interns are a great recruiting tool that's substantially cheaper than temp-to-perm. Interns that become college hires are usually very cost effective and likely to stay much longer with a company because they have a greater sense of loyalty.
       

    86. Re:Genius judge by Anonymous Coward · · Score: 0

      There is almost a direct relationship between benefiting the intern and benefiting the company.

    87. Re:Genius judge by h4rr4r · · Score: 3, Insightful

      The kid can go work at a gas station, or burger king or whatever.

      Your situation is bullshit and clearly there is a huge middle ground between your ideology and greece.

    88. Re:Genius judge by Obfuscant · · Score: 3

      In most societies it would have been illegal to have them working without pay.

      That may be true. But in a free society, they would have been paid exactly what they contracted for before they started the internship. The rights of the two parties to the contract would have had some significance, and a court would not come in later and overturn an agreement between two free people who voluntarily entered an agreement for legal activities.

      What to expect does not make that legal. The judge is correct.

      Of course what to expect makes it legal. If I agree to work for you for free, and thus I expect no payment, that should be perfectly legal. I voluntarily agreed to do that. You agreed to the same. How is that illegal? Why should any sane person think it was illegal?

      What this court has ruled is that I can go to a business and offer to work for free for a chance to show them I can do what they need done and maybe they'll hire me, or to learn something from them by doing. They can say "ok" or they can say "no". Suppose they say "yes, here, do this..." Then, after I've done work for them I can sue for back pay because they should have paid me. That's nuts. That's absolutely ridiculous. If you care to notice, that "work for free as an introduction to me" is something that is, or at least has been, suggested to people here who want to break into the software design field but who don't have formal schooling or a current resume. Collectively, we have told people to do exactly this 'free intern' thing.

      If that company cannot have me do anything that they would normally pay someone to do then there is no advantage to them in having me there. In fact, I'm a liability since a paid employee would need to supervise me. Or any unpaid intern, for that matter. Any productive activity I perform they would have had to pay someone to do, thus I can do nothing productive. If I can do nothing productive, the value of the experience is worthless to me, too. Given the new "sue for back pay" option, no sane company would say "ok" anymore. Not only are they opening themselves up for an unexpected liability, they've lost the right to negotiate the pay for the work and a judge will decide for them.

      Now, had there been coercion or force, or a breach of contract, then yes, courts should become involved. And, of course, you can't legally volunteer to do something illegal for someone else, but then, in this case we know the actions weren't illegal because the claim was they would have been legally performed by paid employees. I.e., if it is legal to pay someone to do work for you, it should be just as legal to let an unpaid volunteer or intern do it. (I note that many unions have negotiated contracts that prohibit volunteers doing their work, but that's a contractual issue and not a legal one.)

      This case could have repercussions not only for all unpaid internships, but for all volunteer work. Every place I volunteer I've agreed to do work for no pay. I am doing things, in every case, that they'd have to pay someone to do if a volunteer didn't do it. I could make a fortune, now, by suing companies (and various branches of the government) for back pay. That, alone, should show how nuts this judge is.

    89. Re:Genius judge by AlphaWolf_HK · · Score: 1

      nobody ever said it was immoral until you just did.

      Obama used words to that effect a few years back. Worse is that in his election campaign he hired unpaid interns without offering them any kind of food, transportation, or other stipends of any kind. Basically they were just his work slaves, and his current stance that this is perfectly acceptable so long as they are working for either a nonprofit or the government. However if they intern for a private enterprise...well that's just plain evil.

      http://www.washingtontimes.com/blog/watercooler/2010/apr/10/obama-interns-me-not-thee/

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    90. Re:Genius judge by craigminah · · Score: 0

      Right, if they have to pay interns then there will be no more interns. Thanks Mr./Ms. Judge for FUBARing yet another part of society.

    91. Re: Genius judge by Anonymous Coward · · Score: 0

      I worked for a company that used unpaid internships as 6 month job interviews. Kids would come in, work like dogs for 6 months, then they'd send 2/3rds of them packing. I was a temp there. Temps weren't even eligible to apply. One poor sucker had been temping there for 7 years. I was there 2yrs. They'd hire Sr positions through corporate recruiters, Jr management was internships that got hired, and everybody else were temps.

    92. Re:Genius judge by jareth-0205 · · Score: 1

      The concept of apprenticeship has been around for centuries and nobody ever said it was immoral until you just did.

      Apprenticeships have generally always been paid placements, to allow people to, y'know, eat.
      Unpaid internships are a direct blocker to social mobility because only those who can be supported through them can take them.

    93. Re:Genius judge by PraiseBob · · Score: 4, Insightful

      You are absolutely correct. Here's an excerpt from a slave owners diary in 1861:

      When Dick married Hetty, the Anderson house was next door. The two families agreed to sell either Dick or Hetty, whichever consented to be sold. Hetty refused outright, and the Andersons sold Dick that he might be with his wife. This was magnanimous on the Andersons' part, for Hetty was only a lady's-maid and Dick was a trained butler, on whom Mrs. Anderson had spent no end of pains in his dining-room education, and, of course, if they had refused to sell Dick, Hetty would have had to go to them. Mrs. Anderson was very much disgusted with Dick's ingratitude when she found he was willing to leave them. As a butler he is a treasure; he is overwhelmed with dignity, but that does not interfere with his work at all.

      Clearly the slave owning society feel they are being overly generous by giving an education to their property. They even gave him a choice of where to work for free! Your vision of society fits perfectly in line with the Antebellum south. (To be clear, I'm not calling you a racist, you're just pro-slavery which is actually frowned upon in most societies in the 21st century)

    94. Re:Genius judge by I'm+New+Around+Here · · Score: 3, Informative

      Actually, I went back and re-read sribe's post. I short-changed it a bit with a knee-jerk reaction. I thought he was simply equating internships with slavery. I didn't read it very well. Sorry sribe, I mischaracterized what you were saying.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    95. Re:Genius judge by h4rr4r · · Score: 1

      Volunteering at a for profit business is not generally speaking legal.

      Free labor is illegal, for many reasons think a little. Without consideration a contract is not valid. There must be quid pro quo.

    96. Re:Genius judge by Kagato · · Score: 1

      It's customary to pay interns for business, in particular IT, finance, accounting, engineering, product development, etc. For blue collar work it may be more common for a student to be in an apprenticeship program. The school usually ends up getting paid, and the work done is graded and part of the program. Teaching is similar as well, but it's part of the grade used for the degree.

      Entertainment is off in it's own little world.

    97. Re:Genius judge by Synerg1y · · Score: 1

      I agree, intern abuse is almost a part of American society, but then again how many of us experience employees stick only to the words in our job descriptions especially with employers trying to rape you because of the "bad economy".

      There is a fine line when you're asking the database intern to get you coffee, sweep the office, and then not let them work on the database, that is pretty deceptive, but... hiring a sys admin and then asking them to manage IT is not illegal, so its up to the employee to ascertain their rights. Unfortunately, college kids aren't exactly mentally geared to stave off corporate jackals.

    98. Re:Genius judge by sribe · · Score: 1

      The judge seems to say something similar. He says it's not OK to have them as unpaid interns and then have them do coffee fetching jobs, that implies it would be OK if they were actually doing things that would gain them experience and had educational value.

      Yes, that's what he says, because that's what the law says ;-)

    99. Re:Genius judge by Anonymous Coward · · Score: 0

      If the person is not even worth minimum wage, then it's not a job that requires education.

      Next on the discussion, diesel nozzles don't fit into gasoline tanks keeping end users from using cheaper fuel.

    100. Re:Genius judge by pnutjam · · Score: 2

      Those who forget history...

    101. Re:Genius judge by Anonymous Coward · · Score: 1

      So, it's OK with you that an otherwise qualified, intelligent young person cannot take these kinds of internships unless mommy and daddy are letting them live at home or giving them cash to get by?

      You say we need to get kids in these unpaid positions to teach them how to start to earn money. Apparently you think the best way for them to learn how to make money is for daddy to give them money so they can take a job that pays them no money. Good thinking.

    102. Re:Genius judge by Anonymous Coward · · Score: 0

      I never understood how companies got away with this kind of stuff in the USA. I'm from Canada, and I've never heard of an unpaid intership happening here.

      Check out the posting for marketing and communications in the link below.

      In Canada and unpaid internship.

      http://www.gvzoo.com/files/CURRENT%20OPENINGS%20AT%20THE%20ZOO%20May%2028%202013.pdf

    103. Re:Genius judge by Synerg1y · · Score: 2

      So...

      since you can't figure it out yourself: the difference between an intern and a slave is the ability to say no.

      My point is opportunity sometimes outweighs the downside of not getting paid.

      In the entrepreneurship, this concept is so basic I feel a little ridiculous explaining it to you.

      And you know what else is frowned upon in society? People who read slave owner's diarys', HMMM.

    104. Re:Genius judge by robthebloke · · Score: 4, Insightful

      Yeah sorry, but no. I've run internship programs in the past, and fundamentally they all serve a single purpose: To ensure that a company can hire the best graduates possible.

      Hire an intern. Pay them well. Treat them well. Give them the best training your company can provide. After their 3months -> year placement, send them back to complete their degree knowing far more than when they arrived at your company.

      If you do this (and really it isn't very hard), then the intern will usually contact you before they've spoken to any other companies (which means you get the long term pay off). They'll also tell the other students in their year that you're a really cool company (which leads to more CV's arriving in your office), and they'll also tell their lecturers how great you were at training them (which usually means those same lecturers will pass you details on their best students for next year).

    105. Re:Genius judge by Anonymous Coward · · Score: 0

      it gives them exposure to a working environment - that's your education component - and adds something to their cv. If you can't get a paid internship then this is the next best thing. It costs money to hire an intern, it costs overhead to maintain them - if you have to add salary to this then it becomes non viable for many.

      This is a stupid move - but what do you expect from a judge.

    106. Re:Genius judge by Obfuscant · · Score: 1

      The end result is that 20 people get the frosted donuts, 20 more settle for plain because it's better than nothing

      The critical part of the analogy, which is true real life, too, is that nobody forced those twenty people to take a donut, they wanted a donut and voluntarily took one. While it may be "better than none", none was still an option that they could have chosen. They wanted the benefits of the donut but weren't willing to accept the terms it came with. So they took the benefits and then sued to get what they felt they were owed.

      If I brought twenty plain donuts into the office and people whined about them not being frosted, I'd tell them "you're getting them for free, either accept what they are or don't take one." If someone took a plain donut and carried it back to the donut shop, and then tried billing the expense of putting frosting on it to me, I'd fire them. I offered you a plain donut, you accepted a plain donut, that's the contract. Offer and acceptance. And that would probably be the last free donuts the office got.

    107. Re:Genius judge by Obfuscant · · Score: 1

      Volunteering at for profit businesses is generally speaking illegal.

      Citation required. Contractually limited, perhaps. Legal? Why not?

    108. Re:Genius judge by Anonymous Coward · · Score: 0

      That isn't what the judge is saying...
      The Judge is saying that the intern should receive compensation, and that compensation should be Education.
      That the job should be specially modeled for interns, and not just a job nobody else wants to do..
      If that compensation is not education, and the intern is performing more or less grunt work and not does receive any real benefit, ie. sweeping floors, coffee runs, than the intern should be paid..

    109. Re:Genius judge by fnj · · Score: 1

      That's most likely several orders of magnitude less than a FTE.

      Several orders of magnitude? Several is greater than two; at least three. But lets just take two orders of magnitude. That's 1/100. So if the FTE is paid $100,000, you would pay the intern $1000? That's not pay. That's throwing table scraps on the floor. It's also far below minimum wage. I think you've got a problem there.

    110. Re:Genius judge by Anonymous Coward · · Score: 2, Insightful

      they sued, it means they learned something from the movie studio

    111. Re:Genius judge by nabsltd · · Score: 1

      Slavery means you can indiscriminately kill them? I didn't know that.

      Generally, yes, it does, as a slave is property.

      If you can dispose of a piece of equipment that you don't need or want any more, then you can do the same thing to a slave. As long as you dispose of it in a way that is otherwise legal (e.g., no dumping it on your neighbor's lawn), there is no problem, so you can toss a dead slave in the recycle bin if you can figure out which category they belong to.

    112. Re:Genius judge by Anonymous Coward · · Score: 0

      Did you even read the summary?

      If the internship compensates the intern by giving them valuable education/experience, then it's business as usual and wages are not required.

      OTOH, if their jobs entail labor that has little to do with furthering their professional education/experience, then they must be paid a wage.

      As a somewhat contrived example, a programmer intern would have to be paid a wage if their primary job duties entailed filing out TPS reports and making coffee runs. However, if the programmer intern's primary duties were to write code, help test, shadow senior developers, participate in requirement gathering, etc, then no wage is necessary.

    113. Re:Genius judge by h4rr4r · · Score: 4, Informative

      http://www.dol.gov/elaws/esa/flsa/docs/volunteers.asp

      If this is the sort of basic facts you do not know, you really should not be discussing this in public.

    114. Re:Genius judge by crgrace · · Score: 2

      There are several comic books I'd write for in exchange for zero pay. I worked stage crew for several concerts in college for zero pay, entirely voluntarily. Both examples are for-profit enterprises.

      And that would be legal. The issue is the companies are making the "interns" do non-internship related tasks.

      For example, say a comic book company takes you on as a "production intern" at no pay. Awesome, right? Then they make you spend all the time cleaning out toilets and they fire the janitor. Is that cool with you?

    115. Re:Genius judge by dbIII · · Score: 1

      There's still charities to work for if you really want to work for nothing. Getting profit out of free labour is another story - it is abusing the expected working relationship and being a leech on the parents of the free employee for personal gain. Experience gained as an intern at a for-profit company is normally considered worthless so it's not even of value as C.V. padding.
      With respect to what you think you know now, when you get a bit older you are bound to witness directly that it's not hard to fire people at all and you are just repeating the grumbles of gutless idiots looking for excuses.

    116. Re:Genius judge by Sarten-X · · Score: 1

      Following the Bible ... Hammurabi's Law ... I guess, they were quite common.

      Or just commonly written about. Of course, you could always just take your slave and make sure he's locked in a convenient place, then frame him for a crime, since he won't be able to have a defense. Depending on how corrupt/incompetent the local government is, you could just accuse the slave yourself and let the police do the actual killing, You could also just kill him, and say he was sold or ran away, and nobody will bother asking questions.

      All of that would be illegal, though, so surely nobody's done it.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    117. Re:Genius judge by Anonymous Coward · · Score: 0

      What a ridiculous analogy. Donuts are sold by the dozen.

    118. Re:Genius judge by Anonymous Coward · · Score: 0

      We've had interns before while we could do the unpaid route, we have already paid minimum wage at least.

      They'd do the basic tasks be trained to the basic tasks of the job, while being able to observe the more complex parts, sit in on meetings and such. Yes some times they'd be tasked to run out and pick up lunch or some other busy work.

      Since they weren't expected to be able to perform all of the tasks of the regular employees we didn't pay them like regular employees but we do try to provide some training and insight to the field they are working on. In some cases the interns learned they really didn't like it and changed career paths, in other cases we've gone on to hire them full time after they finished.

      In this case, there was no training, no education, basically nothing that followed the Department of Labor's requirements for unpaid internships. Fox Searchlight just assumed they could have the interns do whatever they wanted and the only payment they'd do is sign the papers to approve the college credit.

    119. Re:Genius judge by Obfuscant · · Score: 2

      Volunteering at a for profit business is not generally speaking legal.

      Citation required.

      Free labor is illegal, for many reasons think a little.

      Forced free labor is illegal for obvious reasons. Voluntary free labor should not be, think a little.

      Without consideration a contract is not valid. There must be quid pro quo.

      You've just given an opinion why a contract might not be valid, but that says nothing about the legality. I can work for someone without a contract. I can also agree to work for someone for non-monetary compensation.

      But, and here's the important point, if I make a contract to work for someone for that non-monetary compensation, the courts should stay out of it, and certainly not grant back-pay for something I agreed to do for no money.

    120. Re:Genius judge by h4rr4r · · Score: 1

      http://www.dol.gov/elaws/esa/flsa/docs/volunteers.asp

      With your level of ignorance I would think you might try to hide it a little.

      Much like a contract to murder you for your ignorance would be illegal, so would this contract you are speaking of.

    121. Re:Genius judge by radtea · · Score: 4, Insightful

      I offered you a plain donut, you accepted a plain donut, that's the contract. Offer and acceptance. And that would probably be the last free donuts the office got.

      Now in plain fact YOU didn't offer anyone a "free donut": the corporation did. This is a critical distinction.

      Corporations exist solely by virtue of Nanny State interference in the operations of the Free Market.

      This gives corporations--which offer internships--a vastly privileged position in the negotiations they undertake with potential employees, interns, etc.

      Again: corporations are a privileged form of social organization by statute (the reforms to the Companies Act in Great Britain in the 1850's, and similar acts passed by parliaments and congresses around the world.) I own a corporation, and when I incorporated I did not engage in free an uncoerced trade with my fellow humans: I filed forms with the government that upon approval gave me as a corporate owner certain legal, state-defined and state-protected privileges that my employees do not have the benefit of.

      Advocates of Corporatism like yourself tend to forget this little detail: you as the owner or agent of a corporation have the backing of the massive, coercive power of the State. Your employees do not.

      So quit pretending you live in some mythical Free Market where the Nanny State hasn't tilted the scales massively in your favour. Show a little humanity and humility and decency, and remember that what the State giveth the People can damned well take away.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    122. Re:Genius judge by Anonymous Coward · · Score: 0

      My internships were 10 hours away from my parents' house and my housing was $400-600/mo for a single bedroom, including utilities. If you're netting $1,000 a month on minimum wage 40 hours a week, $600/mo for a room is a bit much, and being unpaid would have made the internship impossible.

      I finally graduated and started working full-time at the same company where I interned on Monday. Had the internship been unpaid I never would have been able to take it, and would not have my full-time job now.

    123. Re:Genius judge by codegen · · Score: 1

      Actually, it does happen here in Canada. It depends on the industry. It typically does not happen in Computer/Engineering internships, but in other areas such as publishing, social work, unpaid internships are common. My sister is in such an internship (social worker), although it is clear that she is being trained and not replacing an existing worker for grunt work. She is rotated through the organization, acting as an assistant to multiple paid employees, staying with each one only until she has learned the issues involved with that position.

      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
    124. Re:Genius judge by sribe · · Score: 2

      It's customary to pay interns for business, in particular IT, finance, accounting, engineering, product development, etc. For blue collar work it may be more common for a student to be in an apprenticeship program. The school usually ends up getting paid, and the work done is graded and part of the program. Teaching is similar as well, but it's part of the grade used for the degree.

      Yes, if you get course credit, then I think the Labor Dept and judges will pretty much accept that as proof of the educational value. It's generally up to the schools to set standards for these programs, and enforce them--including making the students aware of the standards and providing effective ways for them to report abuse. (Now there could abuse involving the school's collusion--free unskilled labor for the Dean's cousin or whatever, but that would be the rare exception, as opposed to the widespread abuse that's finally getting some attention.)

      Entertainment is off in it's own little world.

      As are publishing and fashion. Those 3 are the big offenders.

    125. Re:Genius judge by Anonymous Coward · · Score: 1

      The judge isn't trying to kill internships paid or unpaid. He is just trying to enforce the DoL's guidelines of what can be an unpaid internship.

      In this case as far as I've been able to ascertain there was no real training or education provided by Fox to the interns.

    126. Re:Genius judge by radarskiy · · Score: 1

      If a for-profit company tried offering unpaid internships to students, they'd be laughed off campus.

      If you are in a field with unethical business practices, maybe the problem is with your field and not others.

    127. Re:Genius judge by Macman408 · · Score: 4, Interesting

      Internships are even flourishing in US industries where paid internships are the norm. I'm in Engineering, and I've never heard of anybody doing an unpaid internship. My alma mater's current statistics say interns in my field from the past year earned between $13 and $38 per hour, and $20/hour on average. (Full-time work after graduation pays $20-$53/hour, $35 on average.)

      Supply and demand factors a lot into this - good engineers are usually in demand, and there are many companies that will pay top dollar for both interns and full-time workers. In many industries, though, there is an excess supply of workers relative to jobs. This is how you end up with newspapers that have unpaid internships for journalism students - there are so many people that can do the job that they'll work for free. Similarly, you get people that are caught by the aura of the silver screen; they want to be big-time actors or movie producers, and they see that unpaid internship as their ticket in; but there are far too many of them for far too few jobs. (Especially if you count the labor pool that isn't lured to that particular industry, but is just generally qualified for that line of work - such as fetching lunch and coffee, answering phones, and assembling office furniture, as these interns did. Seems like an appropriate use for an MBA...)

      I think the judge's decision as summarized above makes sense - if they're doing real work, they deserve at least minimum wage. If you just want to run them through training classes and exercises, then by all means, they can do no work for no pay.

      The reason to hire paid interns is this: they get some money and experience. You get a worker that costs less, and a trial period to see if you like them. If they perform very well, you invite them back for another internship (if they're still in school) or a full-time job (if they're almost done), and bring their increased experience with them. If they perform poorly, then you know not to hire them again. This process is far easier for the employer than hiring somebody only to find out they stink, and then firing them. A sizable percentage of my employer's full-time workers started as interns; and a sizable percentage of interns are invited back for full-time positions.

    128. Re:Genius judge by sjames · · Score: 1

      We need these jobs that teach kids skills, and/or allow them to start to earn money, and find out what it entails for working a job, dependability and responsibility, and how to manage money.

      The judge didn't put the kibosh on all internships, just the ones that are unpaid (so don't teach much about earning or managing money), and consist of things like fatching coffee, getting the mail, and straitening desks (not exactly high demand skills)

      If the internship pays something (probably less than the going rate) and/or includes a worthwhile educational content, then it is just fine.

    129. Re:Genius judge by Anonymous Coward · · Score: 5, Insightful

      Unpaid internships are used as a class barrier in many industries. It is simply too expensive for any "lower class plebs" to get into fashion or whatever, because they have to pay cost of living in some place like New York for years on no wage to get a foot in the door.

    130. Re:Genius judge by Obfuscant · · Score: 1

      I've already pointed out how what you claim as support doesn't support your claims. If you want to be insulting and flame, be my guest. If you can show where it actually supports your claim, I assume you would have done so.

    131. Re:Genius judge by Anonymous Coward · · Score: 0

      Wont someone think of the poor movie studio? Because of this they were able to pay their big name stars even more.

    132. Re:Genius judge by Anonymous Coward · · Score: 0

      It is a socioeconomic barrier that prevents social mobility. In other words, rich people can afford to do work for zero pay, while poor people would starve, and have to do something else. Thus, if unpaid internships are required for entry into a field, it is essentially just another way to prevent "undersireables" from moving up in the economic ladder. (Note for example that social mobility in the USA has been on the decline for decades, and is lower then many other western countries. Essentially, what class of weath your parents are in has a strong influence on what class you will be in. So much for "earning your way to the top".)

    133. Re:Genius judge by pnutjam · · Score: 1

      In my experience the young kids from a poor background can't afford unpaid internships. They know how to work. It's the dumb lower upper class kids whose parents can support them while they "toil" away that will be "hurt" by this.

      I don't see the problem, all work has value.

    134. Re:Genius judge by evilbessie · · Score: 1

      What's the point of internships if you don't want to hire any of the possibly useful people? I sort of thought the point was to give experience so that they might be useful in the future. Why spend any effort doing that if you're not going to take the reward of a useful new employee. If you are just using it as a source of free labour, fuck that shit, seriously.

      I don't imagine for a second that anyone would take an unpaid internship over a paid one if they were the same in every other respect. Saying that some people want to work for free is missing the point that they shouldn't be allowed to be slaves in the first place.

    135. Re:Genius judge by frencha · · Score: 1

      Vancouver's HootSuite took some flak a few months back over the issue of unpaid internships.

    136. Re:Genius judge by sjames · · Score: 2

      Amusingly, I'm guessing that weven with a large populatrion ready to be slaves and laws permitting it, there would be few takers. Why would Walmart want slaves that they have to provide medical care, food, clothing, and shelter to (to protect their investment) when they can have minimum wage emoployees for less money?

    137. Re:Genius judge by Obfuscant · · Score: 1

      With your level of ignorance I would think you might try to hide it a little.

      Perhaps you ought to read what you cite before you come out looking like a moron multiple times. See, I can insult you just as well as you can insult me.

      What you cited says, rather clearly, that EMPLOYEES cannot be volunteers where they work. It does not say that nobody can volunteer at a for-profit company.

      Much like a contract to murder you for your ignorance would be illegal,

      Now you're just demonstrating that you are an asshole with clear reading comprehension problems. A contract for murder would be illegal for very different reasons than your FLSA cite provides and you know it. (In fact, a contract for murder with just compensation would NOT be illegal under what you cited, but if you could comprehend what you read you'd know that, too.)

      And had you read what I wrote, I've explicitly excluded the issue of contracting to do things that are illegal, compared to contracts that are illegal because of their compensation or lack thereof, which is what I am asking you to cite at some point, if you can.

      so would this contract you are speaking of.

      Still waiting for the cite that actually says this, Mr. Congeniality.

    138. Re:Genius judge by oh_my_080980980 · · Score: 1

      You're bit of a douche bag aren't you.

    139. Re:Genius judge by cayenne8 · · Score: 1

      Agreed, in most societies people like the ones that sued in this case would be called ingrates and barred from further work with the wherever they're interning. I mean its written out for you when you intern what to expect, and if you feel like you shouldn't have to do it you can say no. I don't think this is going anywhere though, the judge is clearly bat-shit stupid.

      Its kinda like those jackassses years back, that worked at MS as contractors (signed contracts and all), then, came back and sued MS for not getting employee benefits.

      Really kinda fucked over everyone else that wants to work as contractor...as that it made all companies edgy about hiring 1099 folks directly. It helps if YOU are also incorporated to ensure that it is 1099 corp-to-corp, but still made things difficult...especially for one man companies, where the good $$ is to be made rather than split your bill rate with a 3rd party.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    140. Re:Genius judge by TemporalBeing · · Score: 1

      In being fair to the judge here, they aren't the first person to think this. Obama himself made similar statements, a manifesto of sorts, about internships needing to benefit only the student and basically be nothing but a burden to the employer.

      I would hardly say that a paid internship is harmful to the employer. I never had an unpaid internship, and often made good money for the employer. At one position my "internship" was essentially a senior level position; and in the first month I enabled the company to bill out to customers the budget of they had for my internship. At most, I was doing the level of work of their normal staff, but at a lot cheaper rate than their normal staff. So yes, they saved money by hiring me for the internship over having a normal software position; and while I learned a lot, I also earned the funds I needed for college.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    141. Re:Genius judge by KramberryKoncerto · · Score: 2

      Don't mod parent down so much that it disappears. It must stay and be exposed to ridicule. It serves as a blatant example for why people should at least RTFS before posting, and also why this ruling is important - there is an entire rotten culture to be cleared up around unpaid internships, and this ruling is a start.

      You shall be ashamed to patronize people for so little that you repay them for their labor. It should also be quite clear the ruling does not apply to unpaid internships that actually have real educational value to the student (it's written right there FFS). Free labor for grunt work is simply abuse; both of students and regular employees. If we let people take these internship positions because "it looks good on their CV" or any other crap like that, it is a race down to the bottom of no benefit to the society.

      Goodbye to those kind of internships? If a job like that is lost, we really lose nothing. Paid internships and unpaid meaningful work are unaffected. If a student has to do meritless free labor to gain credits, then the college is equally guilty. The student may as well be jobless, and find a better way to learn something of value - the student pays the opportunity cost, so you have nothing to patronize them about. Everyone doing worthless internships is worse than nobody doing internships, except for the pockets of those abusive employers.

    142. Re:Genius judge by YoungManKlaus · · Score: 1

      The point of an intern, as clearly stated, is to _learn_ something and not to do grunt work. And if you don't expect to "pay" the people by teaching them then you better expect to pay them with money.

    143. Re:Genius judge by TemporalBeing · · Score: 1

      My internship cost me around $6000 between tuition and commuting. I was reimbursed for mileage spent on the job, but was otherwise unpaid (save for the odd case of Heineken the company president shared when we had to work late). It took up 50 hours a week, which I couldn't use to get a job to pay all of the above plus those little luxuries of life like food and rent. I basically financed everything on a credit card during my internship and a few minor freelance gigs I could land, which really hurt me financially for a couple of years.

      The only one letting an intern be taken advantage of like that is the intern themselves. And yes, I didn't take internships that didn't pay - at the very least I had to cover food and expenses (namely gas) over the internship.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    144. Re:Genius judge by cayenne8 · · Score: 0

      Try having a look at a country where this has long been established in law, and you'll find internships are flourishing.

      Why?

      That has absolutely nothing to do with how it will effect the situation in the US.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    145. Re:Genius judge by PraiseBob · · Score: 3, Insightful

      My point is opportunity sometimes outweighs the downside of not getting paid.

      I fully understand the concept of being so desperate to have a job that you are willing to work for free in the hopes that it one day turns into a paying job. Ergo, you think the system is fair, because work experience is the payment rather than money. Are you aware that most slave-owners considered themselves to be good people? From the slavers perspective they provided free shelter, food and clothing to their slaves, and gave them a better quality of life, and longer life expectancy. They provided all these things in lieu of a salary, thus, it was in their eyes a fair system. You are echoing thousands of pro-slavery arguments from two centuries ago when you say that tertiary benefits make up for not paying a wage.

    146. Re:Genius judge by Anonymous Coward · · Score: 0

      I know several artists who would gladly get coffee every morning just for the chance to drop a sketchbook on an executive's desk.

      Do these artists you know realize the executive would take the sketches and have their resident artists "complete" them without even acknowledging the original artist's existence?

    147. Re:Genius judge by cayenne8 · · Score: 1

      In spite of all that, I think unpaid internships should still be an option because they do work great for a lot of people that can live with their parents or have other income. However, I wouldn't be opposed to there being a separate minimum wage for interns and underage kids - something just high enough to cover the cost of commuting, required clothing and other job-related expenses that employers don't normally pay employees extra for.

      Interesting.

      Sounds like how there is presently a different min. wage requirement for tipped employees (waiters, bartenders, etc). Back when I did it,I think the min. wage was about $1.60 or so an hour?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    148. Re:Genius judge by TemporalBeing · · Score: 1

      There are jobs that people really, really, really want to do for zero pay. Why wouldn't you allow them to make that decision for themselves?

      Why don't we allow people to sell themselves into slavery?

      Interns aren't allowed to walk away from a company that mistreats them? Modern slave owners are allowed to whip and kill their interns?

      I did not know that.

      Interns are generally required to complete a certain time period of work to qualify for course credits; they are also bound by employment laws and if terminating the internship early must comply like any other employee in the state where their internship is. For AT-WILL employment they could walk away at any time, but forfeit the course credit; for non-AT-WILL employment, they have to give notice as required by the law.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    149. Re:Genius judge by suutar · · Score: 1

      Given that the only part of it that says "X people don't count as employees" specifies that the business must be a non-profit, it seems like the 'suffer or permit to work' clause would apply at a for-profit, and you would in fact be an employee, and thereby prohibited from being a 'volunteer'.

      The kicker for this case, however, would appear to be items 3 and 4 at http://www.dol.gov/elaws/esa/flsa/docs/trainees.asp - if (as TFS indicates) the employer was able to avoid paying an employee because of the intern's actions, they're getting an immediate advantage and the intern is displacing an employee.

      IANAL, and certainly not a labor lawyer. I may well have missed something. But the situation described does not seem to fit the legal requirements for an unpaid position.

    150. Re:Genius judge by lgw · · Score: 4, Insightful

      Unpaid internships are a scam. If the intern isn't doing work worth paying him minimum wage, what's the point of the internship? It becomes a rite of passage instead of on-the-job education.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    151. Re:Genius judge by Synerg1y · · Score: 0

      You don't really understand slavery do you? And you've selectively ignored most of my arguments meaning your probably a troll.

      Just for humor: what possible career opportunities would slaves have had by being a slave? what happens when a slave says I quit?

      so I've been working on not arguing with idiots on here and will end this thread on that note.

    152. Re:Genius judge by spasm · · Score: 1

      Because 'deciding' to do a job for zero pay is predicated on being rich enough to spend your summer without income. It means rich kids who can afford to spend a summer without pay get job experience and everyone else misses out.

    153. Re:Genius judge by aaarrrgggh · · Score: 1

      Our attitude with interns is that it is our marketing opportunity to get them after graduation. Intern status gives time and a half overtime, but no benefits and 30-35% pay cut relative to a entry level full-time employee. The full time employees have exempt status and only get straight-time overtime.

      BUT, there are cases where interns should not be paid. We have taken people on as a favor to friends, so their value is MUCH lower, and their pay needs to be as well. You can't pay someone less than minimum wage though, so where is the balance?

    154. Re:Genius judge by Obfuscant · · Score: 3, Insightful

      Now in plain fact YOU didn't offer anyone a "free donut": the corporation did. This is a critical distinction.

      Not really. Someone in the corporation made the decision, they made the offer.

      This gives corporations--which offer internships--a vastly privileged position in the negotiations they undertake with potential employees, interns, etc.

      Untrue. As a potential intern I am free to accept or decline any offer. The "Nanny State" does not give the company the right to force me to accept what they offer. As a corporation I cannot stuff unfrosted donuts down the throats of my employees, I can only offer them the option and let them decide.

      you as the owner or agent of a corporation have the backing of the massive, coercive power of the State. Your employees do not.

      Wow. You've identified yourself as a corporate owner that employees should stay away from, simply because you think you have the "massive coercive power of the State" behind you. "You vill eat that cheap donut, employee. Ve haf vays of making you eat..."

      Show a little humanity and humility and decency, and remember that what the State giveth the People can damned well take away.

      You're the one claiming massive coercive power given to you by some mythical State, and I'm the one who needs to learn humility? Yes, I guess you'd think that based on your Power And Leverage over Mortal Man. Perhaps you ought to notice that a large part of labor law deals with LIMITING what you, in your Massive Coercive Mode, can actually do to anyone. Perhaps an experiment is in order to help you identify your mistakes? Why don't you, as Corporate Overlord, try ordering your female employees (but only the pretty ones) to wear bikinis to work on Friday. That's a simple test of your power over them granted by the State, I think. If you can do that and not wind up with a NLRB complaint that sticks, more power to you. You've successfully cowed your female workers into thinking you have power that you really don't. My guess would be that you'd be found guilty of sexual harassment upon complaints of the pretty women, and discrimination from a complaint by the ugly ones, and fined a bit of money. But, until you try, and since you think you're that powerful, you have no reason not to, right? Pictures or it didn't happen.

    155. Re:Genius judge by Anonymous Coward · · Score: 0

      What the fat anonymous bastard was trying to say was, "If you offer me a free donut, don't expect me to eat less than a dozen!"

    156. Re:Genius judge by Anonymous Coward · · Score: 0

      It is a way for young people with no experience and no valuable skills to contribute to the employer in exchange for money, to instead trade their labor for work experience which they can later use to make real money.

      And that is still perfectly legal, as long as you can demonstrate that they are actually getting valid work experience out of the process, that is appropriately educational to the field they are interning for. If you got hired as a programming intern, and got given the task to move boxes, that amounts to them getting virtually no relevant experience. If you are considering the experience as how they are paid, this would be on par with someone being promised a salary, and then getting not getting paid money...

    157. Re:Genius judge by Jon_S · · Score: 1

      Yes, this is exactly the point.

      No, I didn't RTFA, but the summary says that judge said that unpaid internships are *OK*. You can have them. They aren't getting outlawed. But the work has to be educational; the interns have to get real experience out of it.

      The only are required to pay wages if the interns are doing things like fetching coffee and nothing more.

      Mod this guy up!

    158. Re:Genius judge by Obfuscant · · Score: 1

      Given that the only part of it that says "X people don't count as employees" specifies that the business must be a non-profit,

      That is not a given, in fact, that is incorrect. That sentence quoting SCOTUS says nothing about "non-profit."

      It is the NEXT sentence that says that "In administering the FLSA, the Department of Labor follows this judicial guidance in the case of individuals serving as unpaid volunteers in various community services." Again, no mention of non-profit, only "community services", and then it says only where DL follows this guidance, not that it does not apply to for-profit.

      it seems like the 'suffer or permit to work' clause would apply at a for-profit, and you would in fact be an employee, and thereby prohibited from being a 'volunteer'.

      The statement from SCOTUS about this is directly opposite. Just being "suffer[ed] or permit[ted] to to work" does not make one an employee.

      The kicker for this case, however, would appear to be items 3 and 4 at http://www.dol.gov/elaws/esa/flsa/docs/trainees.asp

      That cite begins by restating SCOTUS in that just doing work there doesn't make one an employee. Points 3 and 4 make the system a loss for the employer and "trainee" since the employer cannot get productive work out of the intern and the intern cannot do anything that an employee would do. Why bother doing this? But then, this would not be the first time the executive branch did something that SCOTUS said wasn't right.

      But the situation described does not seem to fit the legal requirements for an unpaid position.

      As a free person, I should be able to offer my labor to another for whatever compensation I find sufficient, and I should not then be able to retroactively sue that person for pay for doing something I agreed I would do for free. SCOTUS has said that the FLSA does not make me employee just because I "suffer to work" at a place, but the DL has decided to create guidelines that contradict that ruling. SCOTUS is right. DL is wrong. This judge is wrong because the judge should be following SCOTUS precedent.

    159. Re:Genius judge by The+Cat · · Score: 1

      Using the word "hiring" without paying them is dishonest.

    160. Re:Genius judge by citylivin · · Score: 2

      "There are several comic books I'd write for in exchange for zero pay."

      Really? You would write a comic book for me that I could then sell and keep all the profits from. And you would do this unpaid?

      Thank you sir! you will put my kids through college! when can you start?

      --
      As a potential lottery winner, I totally support tax cuts for the wealthy
    161. Re:Genius judge by Xeno+man · · Score: 1

      There is a very important part that you and everyone else is missing. The contract of an internship is not just working for zero dollars. The intern is to be paid in unique experience in the field they are working in. That is the whole point of it. It's not about learning how to work. Yea interns are going to be the bottom of the ladder and get some shit jobs like fetching coffee or pushing a broom but in between those moments you're supposed to be involved in other aspects to learn about the industry you plan on being involved with.

      If at the end of nine months and working for free and finding that you haven't learned a damn thing and are no better off than you were nine months ago because you were treated as free labor, then the studio failed to uphold their end of the contract. So if employers don't want to be bothered to pay interns with skills, then they can just pay them with money.

    162. Re:Genius judge by dj245 · · Score: 4, Interesting

      "There are plenty of paid internships out there already"

      That's a pretty broad statement that ignores a number of facts, such as:
      .....
      3) Not every location has companies nearby willing to take on interns (think small cities and rural areas)
      4) Not every paid internship is flexible enough to be viable

      These are one of the biggest advantages of paid internships. The "real" job market doesn't have an XXXX in every podunk town. The "real" job market often is inflexible and not viable for certain careers in certain locations. My university had 2 co-ops as a graduation requirement. I didn't want to stay in Maine anyway, but it forced me to pack my stuff into my car, rent a room for 3 months on Craigslist, and work in a moderate-sized city. It forced me to live independently and handle my own affairs. It eliminated any fear I had about moving cross-country for a job. It reinforced in me the idea that getting a job often has nothing to do with your experience and everything to do with your connections. These are not drawbacks. This is the way the world works. It is invaluable experience.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    163. Re:Genius judge by Pubstar · · Score: 1

      There is a huge discussion in this thread, but everyone seems to be missing the core concept of this lawsuit. They are suing because they did grunt work on the film. They were working as an unpaid intern under the assumption that they were getting paid in experience. They felt that they got none, therefore they are suing for lack of payment.

    164. Re:Genius judge by dj245 · · Score: 4, Interesting

      Unpaid internships are used as a class barrier in many industries. It is simply too expensive for any "lower class plebs" to get into fashion or whatever, because they have to pay cost of living in some place like New York for years on no wage to get a foot in the door.

      That is a huge clue to me that the job market for that industry is crap and I shouldn't be bothering with it. In certain industries, there will be 10 people standing behind you willing to do your job for less money and while working longer hours. I have a friend who used to work for a car crash-testing company. The hours pushed 80 hours a week, every week, and the pay was crap. But the company never had to look hard to find someone to work for them. That is not a career. That is a human gristmill.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    165. Re:Genius judge by ultranova · · Score: 1

      If you have to pay interns like regular employees, what's the point of hiring interns?

      Nothing whatsoever. And that means that people just starting their career aren't competing against unpaid slave labour, nor do they have to be unpaid slaves to earn the right to work for a living later. Everyone wins, except the would-be robber barons.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    166. Re:Genius judge by Anonymous Coward · · Score: 0

      In Canada (Ontario at least) high school students are required to "volunteer" for a certain number of hours to graduate. There are a number of conditions on this and so the GV Zoo is probably targeting these students.

    167. Re:Genius judge by Pubstar · · Score: 2

      You are still required to make at least minimum wage as a tipped employee though. If you make less than minimum wage, the employer has to comp you up to minimum wage on your paycheck.

    168. Re:Genius judge by Teancum · · Score: 1

      You really do miss the point. At least in America, if you are not a 501 (c) 3 or other legally defined non-profit corporation, you simply can't have volunteers performing tasks that could be performed by an employee, subject to direct supervision with the option of "termination" if you fail to perform those tasks. In other words, if the CEO of that company asks "I want you to make that widget" or do some other task, they must be paid. period.

      Read that link. It is quite important.

      Internships in "information technology" positions have even tighter restrictions, and for the most part must be paid by the hour with completely separate minimum wage laws that apply just to that industry.

      The judicial ruling in the original post does suggest that "other considerations" could apply in the case of internships, if there was something of a course of study or other significant exchange of value was taking place for the interns. In the case of the judge's ruling in the original post, I think he got the law correct so far as being a general gopher and not really learning or doing tasks that represent a real learning experience for the intern could also not be considered a legitimate course of study.

    169. Re:Genius judge by tbannist · · Score: 5, Insightful

      I think that analogy over simplifies the problem. The real issue is that the interns were promised an internship which would teach them valuable movie production skills, and instead they were given no training and used as unpaid waiters. The bait and switch is on the type of work they were promised that they would be doing. The company broke the contract and now owes them monetary compensation because they failed to provide the agreed upon compensation (training in the art of movie production).

      --
      Fanatically anti-fanatical
    170. Re:Genius judge by SJHillman · · Score: 1

      My internship was 60% doing the stuff that regular employees would have otherwise done but were good learning experiences for me and 40% special projects and research that my boss specifically designed for my education that may or may not have benefited the company but definitely would not have been done without an intern. If an internship is done properly for the benefit of the intern, then it's worth doing it unpaid. If it's just treated as a low-cost, low-skill employee then it should be treated as such.

    171. Re:Genius judge by tbannist · · Score: 3, Insightful

      You've just given an opinion why a contract might not be valid, but that says nothing about the legality. I can work for someone without a contract. I can also agree to work for someone for non-monetary compensation.

      Which the students did and in a court-of-law they proved the company failed to provide the required non-monetary compensation that had been promised.

      --
      Fanatically anti-fanatical
    172. Re:Genius judge by Belial6 · · Score: 1

      Because the companies know they can get someone else to work for free, and thus the only way to get any money ever is to work for free for a while. It is a scam in the same way that an employer that tells an employee to clock out and keep working if they want to keep their job is a scam.

    173. Re:Genius judge by operagost · · Score: 1

      The point isn't that interns should be paid, it's that you shouldn't treat them like employees. They are there to learn. That means not giving them a huge workload, or having them do exclusively grunt work, or not give them anything challenging.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    174. Re:Genius judge by Obfuscant · · Score: 1

      Interns are generally required to complete a certain time period of work to qualify for course credits; they are also bound by employment laws and if terminating the internship early must comply like any other employee in the state where their internship is. For AT-WILL employment they could walk away at any time, but forfeit the course credit; for non-AT-WILL employment, they have to give notice as required by the law.

      These are contractual matters that the intern agreed to prior to starting the program. Before he was required by his school to take an internship, they told him that "taking in internship is part of the program". Don't go there if you don't accept the program. Unlike slavery or indentured servitude, there is no requirement to go to that school or agree to that program.

      If you're a paid intern doing a paid job, why wouldn't you be subject to notice requirements? If you're not an employee, you aren't.

      If you're taking an unpaid internship as part of the degree requirement, then why should it matter if you're required as part of the program to do menial things that someone who is in that position would normally do, too? You're getting the degree credit. You agreed to work for free.

      After it's all done and over with, it's really dishonest to sue for wages when YOU agreed you didn't get any. "Protect me from myself" is not the mantra in a free society, it's the cry of the Nanny State subject.

    175. Re:Genius judge by gnick · · Score: 1

      But I don't think anyone goes to college to be coffee-handler or floor-sweeper.

      You've never met a philosophy major have you?

      --
      He's getting rather old, but he's a good mouse.
    176. Re:Genius judge by ultranova · · Score: 1

      The part I'm really missing is if everybody wanted a paid internship why would anybody accept an unpaid one?

      The same reason people accept minimum wage jobs - it's that or nothing.

      Choice is for the wealthy, the rest take whatever table scraps they can, and thank their masters for them.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    177. Re:Genius judge by mrchaotica · · Score: 1

      What you cited says, rather clearly, that EMPLOYEES cannot be volunteers where they work. It does not say that nobody can volunteer at a for-profit company.... Now you're just demonstrating that you are an asshole with clear reading comprehension problems.

      Holy shit you're an idiot! Read this sentence:

      Under the FLSA, employees may not volunteer services to for-profit private sector employers.

      Now read this sentence:

      The Fair Labor Standards Act (FLSA) defines employment very broadly, i.e., "to suffer or permit to work."

      So, since (1) all "employees" of for-profit private-sector employers must be paid, and (2) all persons who the employer "suffer[s] or permit[s] to work" are "employees," everybody who does work for a for-profit public employer must be paid and there is no such category as a "volunteer" there! Q-E-fucking-D, damnit!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    178. Re:Genius judge by MBGMorden · · Score: 1

      Interns aren't allowed to walk away from a company that mistreats them? Modern slave owners are allowed to whip and kill their interns?

      I did not know that.

      Slavery doesn't necessarily mean you're free to treat them how you wish. Its the idea that people are property and their work is yours without monetary compesation.

      Think of it this way: animals can be property. In effect - slaves. You don't pay your horse and he works for you free for the most part - and that's accepted. HOWEVER, you still aren't free to do just anything you want to with that horse. There are laws governing the treatment of animals that say what you can and can't do to them.

      Don't think that because you can't chain them to a post and whip them that people still can't effectively be slaves.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    179. Re:Genius judge by Anonymous Coward · · Score: 0

      The kind of poor you're talking about are either going through college on loans (I'm still paying mine!), or don't go at all. Also, the majority (I'm not saying all) of people who accept minimum wage jobs really can't / don't want to do anything else. Language counts a barrier too.

    180. Re:Genius judge by MBGMorden · · Score: 1

      But what if their work is not realistically worth even the minimum wage to the employer?

      Then don't create the position in the first place. Minimum wage is set for a reason. The stipulation is that if you are going to have a person show up and work for you, then its worth at least that much money. Increase their workload until its worth minimum wage or just don't expect the position to be filled. If its truly not worth it, then it won't really hurt your company not having them around.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    181. Re:Genius judge by Anonymous Coward · · Score: 0

      Unlike slaves, Interns actually choose to become interns.

      Faced with death by starvation, would you choose to become a slave if it was an option? Especially if it had the benefit of a) provided food b) provided housing c) other benefits.

    182. Re:Genius judge by Anonymous Coward · · Score: 0

      and you have a second account for up modding your posts and down modding mine!

      Nice troll, you're pro. Now about your computer catching flames...

    183. Re:Genius judge by ebno-10db · · Score: 3, Insightful

      If an internship is done properly for the benefit of the intern, then it's worth doing it unpaid.

      That's true, but the cost to an organization of having an internship like yours is already much greater than paying you minimum wage. It took your boss's time, facilities, etc. etc. If it's worth it to an organization to have an intern do real internship work, then paying minimum wage shouldn't be a barrier.

    184. Re:Genius judge by sed+quid+in+infernos · · Score: 1

      No. I'm not sure why you think it would be. I was answering a specific question, the premise of which seemed to be there were NO jobs someone would want to do for free. I have no problems with the concept of laws protecting interns from bait-and-switch like you describe. I don't know enough about existing laws to know whether they are good or not. Basically, I was not talking about interns. I was participating in a more general discussion about unpaid jobs spawned from the intern discussion.

    185. Re:Genius judge by KramberryKoncerto · · Score: 1

      I'm pretty sure he's speaking in support of the labor side rather than any corporation you think he owns.

    186. Re:Genius judge by Anonymous Coward · · Score: 0

      If you're taking an unpaid internship as part of the degree requirement, then why should it matter if you're required as part of the program to do menial things that someone who is in that position would normally do, too? You're getting the degree credit. You agreed to work for free.

      Because that would mean the company was violating their end of the agreement? If they offered the position as an a chance to learn various tools and technologies related to the field, and said it would result in valuable experience, but then don't actually give any of that, that would be them failing their end. It is ok to compensate people with education instead of money, but if you give neither for a position where at least one of them was offered, that is not ok.

      I've seen some cases where the company offered to train them in specific tools, but later decided not to. Of course the students were free to leave, but by the time it was clear that they would not be receiving any training, it would mess up their program's schedule and cost them quite a bit of money and time to leave and try to find a new internship. The companies were taken advantage of the students by violating agreements (or actual contracts in some cases) knowing that it would be difficult for the student to enforce the contract or that they would have incentives to not complain.

      But it sounds like by the logic of, "You agreed to work for free," instead of, "You agreed to do a specific kind of work for free," you would be saying someone shouldn't be complaining if they got hired for a programming position and then told on the first day they will instead clean stables and carry heavy loads of horse crap around all day. After all, they agreed to work for the company for some wage...

    187. Re:Genius judge by RevDisk · · Score: 1

      Money isn't everything, but I'm constantly amazed by folks who don't really consider employment for the rest of their lives. If your degree is not related to your career, you may want to consider more economic alternatives.

      Other thing is to at least ponder your preferred career. Do you want a house and kids? Do you want to travel? Do you want (insert various life choices or experiences)? Can your career realistically pay for that, even if things are not perfect? Are you willing to give up higher pay for a particular reason? If so, can you economically change your mind later?

      Flexibility is always a good thing.

    188. Re:Genius judge by mrchaotica · · Score: 1

      since you can't figure it out yourself: the difference between an intern and a slave is the ability to say no.

      But if exercising that ability destroys your future job prospects, then the actual difference is minimal.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    189. Re:Genius judge by Obfuscant · · Score: 1

      I have no problems with the concept of laws protecting interns from bait-and-switch like you describe.

      Why? You agreed to work for free, it's not like they've broken their agreement to pay you. You're not bound by any money, they aren't paying the bills so there's no hint of you being forced to stay there so you can feed the children or pay the rent.

      You can walk away any time. The end result is no different than if you had asked to be a production person for free and they said no. They said yes, they said "do this other thing", you say no and walk away. Why do you need a law to cover this?

    190. Re:Genius judge by mrchaotica · · Score: 0

      Just for humor: what possible career opportunities would slaves have had by being a slave? what happens when a slave says I quit?

      Just for humor: what happens when an intern says "I quit?"

      Answer: by doing so, that intern eliminates all his future job prospects, runs out of money, becomes homeless, and starves to death.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    191. Re:Genius judge by RevDisk · · Score: 1

      How dare you point out the glaring obvious! This is the Internet, we have our pet belief structure to push here!

    192. Re:Genius judge by KramberryKoncerto · · Score: 1

      Sorry, I didn't read carefully: he does claim to own a corporation. But I maintain that he shows more sympathy to workers than corporations in his arguments.

    193. Re:Genius judge by Anonymous Coward · · Score: 0

      Under current law, it is illegal to compensate your interns in donuts, frosted or not. You should try paying them with money, like a decent human being.

    194. Re:Genius judge by RevDisk · · Score: 2

      Our company hires a lot of interns for exactly this reason. Not sure on the pay, but they're treated as normal (if part time) employees. Time working counts towards things like ESOP, retirement, etc.

      Not sure they're all gushing at how wonderful we are, but I'm quite sure none will be telling horror stories and I hope they realize how very decent this company actually is. A lot of them probably lack experience working truly horrific jobs to properly gush. I did after I started here, compared to my last place. My former boss asked me to ensure my best friend's funeral didn't interfere with a project he had scheduled on a Sunday. That was a definite "It is time to go" sign.

    195. Re:Genius judge by RevDisk · · Score: 1

      Depends legally on the place and time. Some slave societies had rules on treatment of slaves, some didn't.

    196. Re:Genius judge by Maxo-Texas · · Score: 5, Informative

      But it is the judge's job to determine if working someone without pay is legal or not.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    197. Re:Genius judge by ebno-10db · · Score: 1

      " The part I'm really missing is if everybody wanted a paid internship why would anybody accept an unpaid one?"

      Let's try an analogy.

      Simpler analogy: I wanted a Ferrari, so why did I accept buying a Toyota?

    198. Re:Genius judge by RevDisk · · Score: 1

      Politician wants rules to apply to everyone except himself or herself, and his/her cronies. Shocking. ;)

    199. Re:Genius judge by intermodal · · Score: 1

      Indeed it is.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    200. Re:Genius judge by Your.Master · · Score: 1

      That's not actually the case. In many (I want to say most but can't back that up) slave societies, including at least some of the United States, it was not lawful to kill a slave without cause, although "cause" could be simple things like "resisting sexual advances" in some of those societies. There were also laws about mistreatment, though they were again rather horrifying in places.

      It's not substantially different from animal cruelty laws -- animals are property today, but you can't just kill them whenever. There are euthanisation procedures, but they are not like equipment disposal.

    201. Re:Genius judge by ebno-10db · · Score: 1

      corporations are a privileged form of social organization by statute ... I filed forms with the government that upon approval gave me as a corporate owner certain legal, state-defined and state-protected privileges that my employees do not have the benefit of. ... Advocates of Corporatism like yourself tend to forget this little detail: you as the owner or agent of a corporation have the backing of the massive, coercive power of the State. Your employees do not.

      How unkind of you to say that. Most libertarians and other worshipers of The Free Market will ignore it, but the ones who don't often experience such cognitive dissonance that their heads explode. Please, at least give a health warning.

    202. Re:Genius judge by Obfuscant · · Score: 2

      Holy shit you're an idiot! Read this sentence:

      Holy shit, I QUOTED that sentence. Did you miss the word "EMPLOYEES"? I guess so.

      Now read this sentence: The Fair Labor Standards Act (FLSA) defines employment very broadly, i.e., "to suffer or permit to work."

      Now read THIS sentence, which is in the same link:

      However, the Supreme Court has made it clear that the FLSA was not intended "to stamp all persons as employees who without any express or implied compensation agreement might work for their own advantage on the premises of another."

      I'm sure you didn't miss it, it's the very next sentence, clarifying the actual intent of FLSA and giving the sentiment of the court on the matter. It is a rather clear statement that the FLSA does NOT make all persons who "work upon the premises of another" an employee. No, they weren't talking about people who sneak in after hours to do things, they're talking about people who are doing things they are permitted to do.

      Suppose you see a pile of scrap in my shop yard. You come to me and say "I'll cart that away for you for free." Fine with me, it saves me money paying someone to do it (a direct benefit to me and replacing work that I would have to assign to someone else), but I'm not paying you (you're not my employee). You say "that was fun, can I do it every week?" I say "sure". No laws are broken. You are permitted to work on my premises without me paying you and you are not my employee.

      So, week five into this deal, I've not created much scrap, so you don't make more in selling it to someone else than it cost you to pick it up. Can you sue me for not "compensating" you sufficiently for your services as an employee? Nonsense. You're not my employee, and a lack of scrap doesn't turn you into one.

      So, since (1) all "employees" of for-profit private-sector employers must be paid,

      Not an issue.

      and (2) all persons who the employer "suffer[s] or permit[s] to work" are "employees,"

      No. SCOTUS has said that FLSA does not say that. You need to read the second sentence in the paragraph you quoted from.

    203. Re:Genius judge by AnalogDiehard · · Score: 1

      The judge correctly ruled that Fox Searchlight Pictures did not followed the criteria laid out by the U.S. Department of Labor.

      The movie industry has a long history of exploiting the law. About d@mn time they got their a## handed to them. And after the file-sharing shaming ads which depicted a lowly set worker loathing his lack of income due to file-sharing, this case further highlights the hypocrasy of the movie industry.

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    204. Re:Genius judge by Anonymous Coward · · Score: 0

      It's definitely illegal in Ontario*, not sure about British Columbia.

      * There is a restricted class of "unpaid internship" which is allowed, but that this unpaid internship would very clearly not fall into.

    205. Re:Genius judge by Anonymous Coward · · Score: 0

      And unpaid internships also tend to sour the job market for recent graduates. Do a good job as an unpaid intern at a small company, and come back expecting to get some entry level work to build on top of that. But nope, another unpaid intern from next years class doing a similar task.

      Requiring interns to be paid would do a lot to help open the entry level jobs where both experience and pay are needed. (As much as volunteering in some jobs may be fun and help with experience, it doesn't pay the bills. So what did I go to college for if I can't get sufficient experience anywhere in order to be hired into a better paying job?)

    206. Re:Genius judge by scot4875 · · Score: 1

      If something truly isn't worth paying minimum wage to someone to do it, then it's not worth doing. Period. If something is worth doing, then whoever is doing it deserves compensation.

      --Jeremy

      --
      Jesus was a liberal
    207. Re:Genius judge by suutar · · Score: 1

      In administering the FLSA, the Department of Labor follows this judicial guidance in the case of individuals serving as unpaid volunteers in various community services. Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non-profit organizations that receive their service.

      Seems clear to me that the DoL only considers volunteering for a non-profit to qualify.

    208. Re:Genius judge by Uberbah · · Score: 1

      Money isn't everything, but I'm constantly amazed by folks who don't really consider employment for the rest of their lives.

      I'm amazed at people who aren't aware that the real unemployment rate has been 14% for years, or that college costs have gone through the roof compared to just ten years ago.

      So, now kids have to take on five figure student loan debt AND work for free their first year out of school. Nice game, if you can afford it.

    209. Re:Genius judge by compro01 · · Score: 1

      Yes, tipped employees can be paid a lower minimum wage. But wage+tips still needs to be at least equal to the regular minimum wage for the hours worked, at least in theory.

      --
      upon the advice of my lawyer, i have no sig at this time
    210. Re: Genius judge by Anonymous Coward · · Score: 1

      Fuck you are smart but utterly dumb.

      These people did not agree to fetch coffee for free and then sue for backpay.

      They got internships to learn making movies, (the agreement "learn to make movies, maybe hold the coffee mug during a meeting you learn in") and instead of getting the coffee during meetings, were getting coffee all the time.
      (I don't know the specific work, but you are intelligent and can imagine what I mean, they agreed to do a little of A to get B, and they ended up only doing A and not getting any B).

      The companies breached the internship contract, the part where they taught these people how to make movies, by making them fetch coffee ONLY.

      The judge has said: well if you are going to fuck around we won't let you hire people to get coffee for free ever again. Which is clearly over reach, but it doesn't mean the outcome of this case isn't just. It only means the precedent it attempts to set is incorrect.

    211. Re:Genius judge by ChrisMaple · · Score: 1

      Your use of loaded language, and failure to explain the extent and reasons behind corporate law, are hilarious.

      --
      Contribute to civilization: ari.aynrand.org/donate
    212. Re:Genius judge by Uberbah · · Score: 1

      That's why you don't have to pay them - because they show up primarily for their own benefit and provide few, if any, benefits to the host organization.

      Few benefits? Other than cutting their recruiting and HR costs by running potential employees through their doors without having to hire them first. Other than offloading most of their on-the-job training and apprenticeships onto the taxpayer and prospective employee via higher education in the first place.

      Corporations. Are they not merciful?

    213. Re:Genius judge by d34thm0nk3y · · Score: 1

      That sentence quoting SCOTUS says nothing about "non-profit."

      Non-profit is literally in bold in that sentence!

    214. Re:Genius judge by HornWumpus · · Score: 1

      I call bullshit.

      Any intern doing only data entry would simply do it badly and slowly. There would be no benefit to the company. Databases full of garbage are not valuable. It was certainly make work that took time to contrive.

      More likely the data entry was a test that the intern failed. e.g. He never learned to search on the id field then add field data, kept ignoring the duplicate record error. There is a little to data entry that leads into database design e.g. If you've never done data entry you will undervalue things like defaults, tab order, quick data validation and error handling.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    215. Re:Genius judge by HornWumpus · · Score: 1

      You will find that telling assholes to fuck-off will earn you respect in the job market. Sometimes from the very assholes you just told to fuck-off.

      Doormats on the other hand, have nothing to look forward to.

      How do all these 'hell employers' continue to get interns. There is this thing called the internet.

      I suspect this is mostly C student, liberal arts majors, bitching that they are not being treated like the rock stars they just know they are while working a last choice shitty internship required by their last choice shitty degree program from a school that spends more on advertising then faculty.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    216. Re:Genius judge by tyrione · · Score: 1

      If you have to pay interns like regular employees, what's the point of hiring interns?

      Never would have come to this if they weren't abusing the Internship label in the first place. No one is declaring the pay requirements--arbitrate that one out to create an acceptable internship rate. I don't pity any corporation getting slave labor and calling it a privilege and resume builder for the individual. It's a con, pure and simple.

    217. Re:Genius judge by HornWumpus · · Score: 1

      Mod AC insightful.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    218. Re: Genius judge by HornWumpus · · Score: 1

      If any of their staff knows their head from their ass, hire them away now. That's the price they pay for being so cheap.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    219. Re:Genius judge by HornWumpus · · Score: 1

      The rich kid is an edge case and is the parents problem.

      That said the rich kid is a subset of the kids who basically didn't learn anything in college and now need to take unpaid internships. If they hadn't majored in 'Russian Poetry'/*studies they would have a paid internship, a co-op or at least on point summer jobs.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    220. Re:Genius judge by HornWumpus · · Score: 1

      all work has value? WTF. On second thought, it's true. Some work has negative value though. Nobody can hit exactly zero.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    221. Re:Genius judge by HornWumpus · · Score: 1

      If a programming intern doesn't know how to plug in monitors, mice, network etc then they should be given a task of moving boxen.

      It will teach them to value their position on the programming track. Give them a taste of IT, make them change backup tapes, rearrange computers, install software, train admin staff.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    222. Re:Genius judge by Anonymous Coward · · Score: 0

      Don't tell that to Ultimate Software in Weston Florida. They have a $3B market cap, but can't be bothered to paid to pay interns doing complex .NET programming. I talked to a girl that had been doing an unpaid intership for a year, after college, and she still was not sure if she was going to be hired.

      I found it very shocking, never heard of any other software development company having unpaid interns.

    223. Re:Genius judge by Anonymous Coward · · Score: 0

      No, it was a big pile of boxes of paperwork that was around before new system was developed, specifically previous orders from companies that insisted doing things by paper and before entry into the electronic system was necessary.

      He never learned to search on the id field then add field data, kept ignoring the duplicate record error. ... defaults, tab order, quick data validation and error handling.

      That was all irrelevant, it consisted of entering a customer id number, part numbers and quantities. Default values for what? I suppose you could add a feature to search for old orders if someone ordered regularly the same thing (typically not for the equipment at that company). What the heck would an add field data function accomplish? There were no search options, he had no access to actual code or database, so it is not like could modify the form. It wasn't a test, other than patience (and maybe a test of the procedures for reporting bad internships to the school program...). He managed to stay longer that summer than I did at my position, before I finally got something better than that horribly run company.

      Any intern doing only data entry would simply do it badly and slowly.

      Because no company has ever made a horribly decision because the explicit price tag looks cheaper.

    224. Re:Genius judge by Anonymous Coward · · Score: 0

      Give them a taste of IT, make them change backup tapes, rearrange computers, install software, train admin staff.

      And that would be quite appropriate for a lot of programs or interns. Telling them to spend all of their time to move boxes from the loading dock to storage, many of which aren't even computer related, no, that won't teach anything relevant to the program goals (crap about the value of hard work or why they should be thankful for doing computer work instead, while potentially an important lesson, is not what such programs intend or are meant for).

    225. Re:Genius judge by jrumney · · Score: 1

      If you just want someone to make the coffee and do the filing, what's the point of hiring interns?

    226. Re:Genius judge by Niris · · Score: 1

      This.

      I just left California for Boulder, Colorado for a paid internship as an Android developer, and so far it's only been a month, but I can definitely tell you it was a great decision. It's paid, the people are awesome about teaching the small things that you just can't pick up in a class (proper memory management, breaking functions down to small tasks, proper OOP, etc.) and reinforcing the ideas from Code Complete and Effective Java, the company is surprisingly good to their programmers and the fact that I'm not in a podunk farm down is amazing and all around it's been a ton of work, and a ton of learning. Add to it that the people I work with are all active in the meetup community, and I've been making connections that I'm sure will be incredibly useful when I graduate next semester.

    227. Re:Genius judge by hairyfeet · · Score: 1

      Uhhh...yay? If you are using them for glorified grunt work (which more and more seems to be the case) then frankly internships SHOULD die out. I mean for the love of Pete even those being trained under the Guild system got enough to fricking survive on while they learned the trade, all the new style internships do is make sure that only those with daddy's CC, who can afford to work for nothing for several years, need apply and that shit stinks.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    228. Re:Genius judge by Anonymous Coward · · Score: 0

      Not quite.

      When I was a kid I thought I wanted to do social work. I interned with the American Red Cross disaster services for a month. Learned I hated it. I also learned a LOT about how a large org works, politics, etc. Those skills I wouldn't have gotten most other places, and it was well worth it.

      As the owner of a business, I will take on interns from time to time. When I do, its short-term (6 weeks max). I do it only when its my slow time so I have the time to spend on the kid. They get time from my paid employees to work on a project that we would otherwise not touch.

      These usually cost me about $1200/week in time and materials, but we would be spending a lot of that anyways.

      Adding on another $600/week in pay/taxes/insurance/etc for essentially no real benefit to my company would push it from a good thing we do, to not worth it to us.

      ymmv.

    229. Re:Genius judge by Sabriel · · Score: 1

      Well, at least you've lived up to your nickname.

    230. Re:Genius judge by Anonymous Coward · · Score: 0

      You don't. If you hire an intern and have them learning, then not paying them is fine, because it is a training program. If you hire an intern, and have them do generic low level work, then they were not an intern, and stop trying to game the labour laws.

      It is the age old problem of the what you call it is irrelevant, it is what you have people do, and how you manage them that counts.

    231. Re:Genius judge by siride · · Score: 1

      Corporations would exist with or without the government. Are you really trying to argue that institutions can't exist unless some magical government fairy creates them?

    232. Re:Genius judge by Anonymous Coward · · Score: 0

      Congratulations! You're yet another person pushing for a virtual political dynasty!

      Of course, one could call politics/politicians human gristmill, but they're still the gristmill that are fucking all of us over.

    233. Re:Genius judge by Harik · · Score: 1

      Hey, if they didn't try to move everyone down to the minimum wage (or lower, see unpaid internships) then there wouldn't be pressure to make it livable.

      What needs to happen is massive confiscation of the stolen wealth of this country.

    234. Re:Genius judge by 24-bit+Voxel · · Score: 1

      Well presumably you'd pay the interns near minimum wage. Now if you are already paying your regular employees jack shit, then you're right, there's no point. If you're paying your regular employees jack shit, you probably don't have much you could teach an intern of any value so...

    235. Re:Genius judge by sed+quid+in+infernos · · Score: 1

      Reread the part where I said "bait-and-switch." In that scenario, they have broken their agreement. Company will provide educational opportunity. Intern will provide services related to that opportunity. If a bait-and-switch happens, they haven't provided the educational opportunity. Having failed to provide the promised form of recompense, they should at least provide a decent wage.

    236. Re:Genius judge by omfgnosis · · Score: 1

      the difference between an intern and a slave is the ability to say no.

      Did you actually read the passage? One of the slaves was given the opportunity to decline. And did so. And that choice was honored. Obviously the metaphor is, like metaphors, inexact. Obviously the forced laborer will continue to be a forced laborer in the society which permits forced labor, whereas the unpaid intern will continue to be incentivized toward voluntary unpaid labor in a society which permits unpaid labor. There are differences of degree, and even perhaps moral dimensions to one not present in the other. But the reality is that the reasonable expectation is that people perform unpaid labor in both cases.

      While a student or graduate could decline unpaid labor, they risk never entering a field related to their studies, and ultimately risk becoming quite literally a slave to their debt in so doing. This is why voluntary slavery is both immoral and illegal, and why it is society's job to dismantle coercive institutions that undermine free choice with the coercive effect of unassailable social structure.

    237. Re:Genius judge by swillden · · Score: 1

      You forgot to mention another component: The internship is a 3 month-long job interview. If they do well, and enjoy their time with you, not only are they more likely to come back, you'll know that you want them to come back. If they don't do so well, you know you don't want to hire them full time, which is good because getting rid of mediocre people is damned hard.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    238. Re:Genius judge by mjwx · · Score: 1

      Clearly the slave owning society feel they are being overly generous by giving an education to their property. They even gave him a choice of where to work for free! Your vision of society fits perfectly in line with the Antebellum south. (To be clear, I'm not calling you a racist, you're just pro-slavery which is actually frowned upon in most societies in the 21st century)

      The big difference between an unpaid internship and slavery is that a slave owner takes responsibility for the slaves welfare, ensures that they are fed, clothed and have shelter as well as for the slaves actions to some extent.

      An unpaid intern has no such luxuries, they must provide their own food, shelter and clothing. Further more if the intern does something wrong the corporation will have no compunction against throwing them under the proverbial bus to save their own skin.

      Hence why most civilised nations consider unpaid internships to be illegal. Yes you can hire an intern at minimum wage, but you must pay them for services rendered.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    239. Re:Genius judge by mjwx · · Score: 1

      if they got nothing for the interns to internship in they shouldn't be taking them in. but free labor and intern bitches yayyyy so they take them even if they have no intention of teaching them anything or putting them into any work in the field their internship is supposed to be in.

      This is exactly why interns need to be paid.

      Yes, an intern fresh out of collage/uni can be paid far less, but paying them encorages businesses to train them towards making them a profitable part of the business. Which it the point of internships, to "get on the job" training.

      To answer the GP:

      If you have to pay interns like regular employees, what's the point of hiring interns?

      You pay them because they will become productive employees.

      Otherwise you're just training someone for your competition (I.E. an unpaid intern has no incentive what so ever to demonstrate loyalty and is just waiting until they can drop enough names to get a paid position somewhere else).

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    240. Re:Genius judge by chrismcb · · Score: 1

      If you have to pay interns like regular employees, what's the point of hiring interns?

      He didn't say you had to pay the interns. You only have to pay them if you make them do essentially grunt work. You hire interns to train them. They may still do some lower end jobs, for free, as long as they are learning.

    241. Re:Genius judge by Anonymous Coward · · Score: 0

      Your post is full of 'received wisdom', none of which makes much sense or is supported by any evidence.

      It's not clear why the ruling will 'hurt more than help'. If there are fewer internships, why need this be a bad thing? People who are serious enough about interns to pay them a basic salary will go on. This will put an end to three things - students being exploited, lazy employers getting interns in to cut costs when they have no interest in teaching them anything, just cutting labor costs, and colleges that make self-organized internships a requirement, which replaces costly teaching by something free of dubious education benefit.

      Making minimum wage higher only hurts low end job markets if demand in these markets is very elastic. Lots of things indicate that it is very inelastic. Wal-mart would still need people to fold sweaters at 15 bucks an hour, they would still make a profit (just a smaller one), they wouldn't be able to outsource, and that price point wouldn't be high enough for them to start building sweater folding robots. Witness the situation in countries with much higher minimum wage and legal protection for unions - it's not any harder to get hold of a Big Mac.

      The thing that teaches kids skills, and understanding of jobs, responsibility and money is a fair day's work for a fair day's wage. Crappy internships just teach them how to live off their parent's money a few more years, how "you pretend to pay us, we'll pretend to work" goes, how it doesn't matter if they take a day off for a hangover because they're not getting paid anyway, how their college doesn't give a fuck about what they learn, only how the 'college experience' appears to prospective students, and how to beg, scrape, and climb over others to try and get 'noticed' if they want to get a real job one day.

    242. Re:Genius judge by Half-pint+HAL · · Score: 1

      As a free person, I should be able to offer my labor to another for whatever compensation I find sufficient, and I should not then be able to retroactively sue that person for pay for doing something I agreed I would do for free.

      As free people, Mexicans should be able to cross the border at will and offer their labour for what they find sufficient. This is guaranteed to be less than what you find sufficient, so welcome to the unemployed.

      Strong employment laws really do help the workers, you know....

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    243. Re:Genius judge by Half-pint+HAL · · Score: 1

      Corporations exist solely by virtue of Nanny State interference in the operations of the Free Market.

      Are you mental? Are you seriously suggesting that the government isn't already protecting you from some of the worst excesses of corporatism? Like, you know, exploiting people desperate for work experience and turning them into an unpaid labour force? Not sure where I got that particular example from, though....

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    244. Re:Genius judge by Half-pint+HAL · · Score: 1

      That may be true. But in a free society, they would have been paid exactly what they contracted for before they started the internship. The rights of the two parties to the contract would have had some significance, and a court would not come in later and overturn an agreement between two free people who voluntarily entered an agreement for legal activities.

      Key word: some significances. Key word: legal activities.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    245. Re:Genius judge by mrchaotica · · Score: 1

      Ok, you blithering idiot, the entire point of the whole webpage was to explicitly enumerate the exceptions to that definition: namely, volunteers at non-profit private entities and public-sector entities. Magical, somehow-not-employee workers at for-profit private entities are not one of the exceptions!

      You're trying to use the exceptions to disprove the rule, which is a logical fallacy.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    246. Re:Genius judge by Half-pint+HAL · · Score: 1

      Holy shit, I QUOTED that sentence. Did you miss the word "EMPLOYEES"? I guess so.

      Now read this sentence: The Fair Labor Standards Act (FLSA) defines employment very broadly, i.e., "to suffer or permit to work."

      Now read THIS sentence, which is in the same link:

      However, the Supreme Court has made it clear that the FLSA was not intended "to stamp all persons as employees who without any express or implied compensation agreement might work for their own advantage on the premises of another."

      The word you're failing to take into account here is "premises". Working "on someone's premises" is not the same as "in someone's business". An intern doing actual work (as opposed to training projects) is not working independently on someone else's premise (eg instore concession counter) but is working directly within and for the benefit of his business.

      The point of the Supreme Court's statement was that an instore concession holder that makes no money can't claim to be an employee of the store and sue for wages, and a tradesman sharing a workshop with another similarly can't claim wages if his business isn't making enough money.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    247. Re:Genius judge by Inda · · Score: 1

      They employer gets a certificate saying "Investor in people" in their reception. Must be a good compnay to work for and do business with. :p

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    248. Re:Genius judge by serviscope_minor · · Score: 1

      imply because you think you have the "massive coercive power of the State" behind you.

      Are you claiming that the existence of crporations, and the laws around them are not backed by the massive coercive power of the state?

      He certainly does: even killing someone is very unlikely to end in corporate manslaughter. Mostly, the only recourse is to sue the company. And then if/when it goes bankrupt, the massive coercive power of the state will stop people taking his money.

      The list goes on.

      You're the one claiming massive coercive power given to you by some mythical State

      If you believe the state is mythical, try not paying taxes. You might end up in a mythical prison.

      The corporation is backed by the massive coercive power of the "mythical" state whether you like it or not. That doesn't mean the state will back him with massive coercive powers over things unrelated to being a corporation (well duh). How on earth you think that is a complete mystery.

      --
      SJW n. One who posts facts.
    249. Re:Genius judge by Half-pint+HAL · · Score: 1

      since you can't figure it out yourself: the difference between an intern and a slave is the ability to say no.

      But if exercising that ability destroys your future job prospects, then the actual difference is minimal.

      More than that: if exercising that ability destroys *everyone's* future job prospects, things are really wrong. Free labour skews the labour markets.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    250. Re:Genius judge by Half-pint+HAL · · Score: 1

      But what if their work is not realistically worth even the minimum wage to the employer? What if they can get a more experienced person for the minimum wage instead of a dumb kid who never did any work in their life?

      If it's not worth minimum wage, it's not worth doing.

      The only exception is for pure learning projects, which is what unpaid internships are supposed to be.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    251. Re:Genius judge by serviscope_minor · · Score: 1

      But in a free society,

      Contracts are an artificial entity which are only enforced because of the state. It is entirely reasonable that the state therefore is limited in what it will enforce. Otherwise you're advocating for a more powreful state which will enforce anything at all. How is the latter more free?

      What this court has ruled is that I can go to a business and offer to work for free for a chance to show them I can do what they need done and maybe they'll hire me, or to learn something from them by doing. They can say "ok" or they can say "no".

      They're free to say "ok", hire you for free and not pay any employment taxes!

      You are also free to volunteer to work for a person. Why do you think state enforced entities (corporations) which have special rights and privilidges should also have all the same rights as a normal person. They are not people despite some loopy legal thories.

      --
      SJW n. One who posts facts.
    252. Re:Genius judge by Half-pint+HAL · · Score: 1

      These are contractual matters that the intern agreed to prior to starting the program. Before he was required by his school to take an internship, they told him that "taking in internship is part of the program". Don't go there if you don't accept the program. Unlike slavery or indentured servitude, there is no requirement to go to that school or agree to that program.

      I will hazard a guess and suggest that your profession is "conman", because what you are proposing is that any contract, however exploitative, is good. Which is the basis of the con man's art: get someone to agree to something that is not in their interests.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    253. Re:Genius judge by Half-pint+HAL · · Score: 1

      Stop polluting a good argument with historically accurate educated fact! You're destroying people's hard-earned ignorance!

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    254. Re:Genius judge by gsslay · · Score: 1

      Why wouldn't you allow them to make that decision for themselves?

      It's amazing what desperate people may be prepared to do for even the chance of a (better) job. But many civilised countries have decided that companies exploiting desperate people is not acceptable. Perhaps it about time the United States joined them?

    255. Re:Genius judge by Anonymous Coward · · Score: 0

      If the internship is setup and run like it is SUPPOSED to be, then you will not have to pay them.

      Pauley ruled, in accordance with criteria laid out by the U.S. Department of Labor, that unpaid internships should be educational in nature and specifically structured to the benefit of the intern, and reasoned that if interns are going to do grunt work like regular employees, then they should be paid like regular employees.

      So if an intern is hired into a programmer internship and given a menial task to empty trash and does not do any programming, hence does not learn anything about programming, then the intern has to be paid. However, if the intern is given the task of reviewing program code and/or writing code then it would be deemed educational and the intern would not have to be paid.

    256. Re:Genius judge by Anonymous Coward · · Score: 0

      If you would write comic books for zero pay then why the hell aren't you doing it already? You don't need significant resources, and since you are willing to do it for zero pay then you must be able to or be prepared to get income you require to live from elsewhere. Once done you can publish them yourself as ebooks and/or print-on-demand books.

    257. Re:Genius judge by cayenne8 · · Score: 1

      You are still required to make at least minimum wage as a tipped employee though. If you make less than minimum wage, the employer has to comp you up to minimum wage on your paycheck

      But I was saying, there is a different minimum wage for tipped employees vs non-tipped employees.

      Frankly, back then I made WAAAAY more than min. wage of non-tipped people with my small min wage (basically covered taxes, not much more) and tips. If you know how to schmooze tips, it helps....helps develop people skills for later real jobs too!!

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    258. Re:Genius judge by Anonymous Coward · · Score: 0

      Corporations would exist with or without the government.

      Boy, you're not very bright, are you?

      The basic, fundamental and essential property of corporations is *limited liability*, enforced by the legal system. Without a government (which is a pre-req for a legal system; don't argue that a legal system without a govt is possible, because in that case, the legal system *is* the govt), the concept of limited liability is *meaningless*, and so, therefore is the concept of a corporation.

    259. Re:Genius judge by Anonymous Coward · · Score: 0

      We hire them in the hopes of finding future talent, maybe they have an eye that we can train for our needs, etc. But they really need to be trained first, and this training doesn't benefit us at all.

      But if we're supposed to pay them? That's really going to end that

      So you missed the entire point of this thread, which was that the interns in question were *not* trained in any way, i.e. got no benefit *at all* from their internship, and *were* just used as free labour, i.e. fetching coffee? And you missed the fact that the judge said that *if* they had received appropriate benefits *in the form of training* that they would *not* have needed to be paid?

    260. Re:Genius judge by Anonymous Coward · · Score: 0

      This will lead to a lack of internships...of the sort where you get no training/experience *and* no pay, which is what the ruling was about. But you didn't read that bit, did you?

    261. Re:Genius judge by Anonymous Coward · · Score: 1

      I agree. My son did two internships in Manhattan for two video production companies. He worked doing real editing on real work product (a film, yet to be released, a number of ads that are running). They were using talented, naive, fresh labor, newly graduated students with skills with the current editing software, as free labor. This didn't provide an entre' into the film/video world, just provided them with essentially free labor. He did learn a lot, the restaurant with the buffet lunch that slashed the price at 2:00PM so that they could unload the rest of the food! How to deal with the Video world equivalent of the boss in "Devil Wears Prada", and a few other life skills. They even had him drive a truck from Manhattan to a southern state for a video shoot, which he was afraid to say no to for fear of being fired from his "job", even though he doesn't have a commercial license, nor had ever driven a truck. The rather amusing (in retrospect) story of his returning the truck to the rental place in Manhattan will be in the movie of that period I hope he makes!

      I was officer in a smallish tech corporation who took on interns every spring. We got them from the Rochester Institute of Technology, which has a requirement for their students to spend a semester (or quarter in RIT's case back then) as an intern. We paid ours a salary competitive with a new hire and provide some benefits, such as free housing if they wanted it. It was a win/win, with us getting some very talented young people with interesting outlooks, they got a real job, with real pay.

    262. Re:Genius judge by Anonymous Coward · · Score: 0

      The idea of an internship being paid or not seems to come mostly down to the field. For example, the vast majority of law school students do not get paid internships, but practically all of them get internships after their first year. I know that many other non-engineering fields face similar internships.

      Also, most schools that I have seen or attended do not offer college credit for internships. There are plenty that do, but I have found them to be the [growing] exception, but not yet the rule. The schools that I have seen that do offer college credit for internships do not charge for the credit hours, as they should work like transfer credit. I am certain that there are exceptions to that rule, but I have not seen them while I have seen many of the non-exceptions.

      Personally, I had multiple internships throughout my High School and undergraduate life with all being paid, and my first full time job was from the last of them. I can quite comfortably say that it had nothing to do with the fact that they paid me. I think that boiled down to being a software engineer, and decent (or better) candidates had more choice because there are not too many internships that can differentiate themselves beyond salary and perhaps company name (in a few cases).

      With that said, I have never put down whether my previous internships were paid or unpaid, but I had multiple offers (different economy to be fair). In software engineering, I think most unpaid internships are either going to be somewhere that is able to be highly selective, which has something like its name to offer would-be candidates, or somewhere that is not really offering much experience. However, in other fields, I do not think that the level of experience comes into play nearly as much as what-the-other-guys-are-doing. Most law internships do not pay because most others do not; it's like a self-fulfilling prophecy and they do not pay because they do not have to pay.

    263. Re:Genius judge by anyGould · · Score: 1

      The part I'm really missing is if everybody wanted a paid internship why would anybody accept an unpaid one?

      That's easy - just ask yourself the reverse question. Why would anyone offer a paid internship when you can get away with offering an unpaid one instead?

      Read through the earlier comments - the folks who got paid internships are generally in industries where they're *required* to do a paid internship (either because the degree or their industry association required it). Thus, companies can't get away with offering unpaid ones because they can't even call it "work experience" - it doesn't count.

      All this ruling does is extend the logic across the board.

    264. Re:Genius judge by cusco · · Score: 1

      Just because an internship is "paid" doesn't make it a real job. I worked as a techie intern in the theatre for a time, and in exchange for 70-100 hours/week of work I was given a check which was the equivalent of 40 hours/minimum wage.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    265. Re:Genius judge by anyGould · · Score: 1

      As a potential intern I am free to accept or decline any offer.

      True, but you're glossing over the detail of "we want you to have experience before we hire you".

      So now it's not a question of taking a half-assed donut, it's being *forced* to take a half-ass donut as a prerequisite for *maybe* getting a better donut later. (But of course, no guarantees!)

      I suppose you could decline the offer - just like you can decline to eat or have a place to live.

    266. Re:Genius judge by anyGould · · Score: 1

      Its kinda like those jackassses years back, that worked at MS as contractors (signed contracts and all), then, came back and sued MS for not getting employee benefits.

      I don't remember the details so well, but wasn't part of that problem that MS wasn't treating them like contractors? (i.e. they were treating them like employees until it was payday, at which point they magically turned back into contractors?)

    267. Re:Genius judge by anyGould · · Score: 1

      Although I notice you didn't answer the question - you say you'll work for free on a comic book. So, no objections to someone else treating you like an employee in every other fashion (hours of work, dress code, targets to meet), and keeping all the benefit from your work? You'll just do it out of the goodness of your heart? (Or maybe just for a nice letter from me gushing about how gullible,er, hard-working you were)

    268. Re:Genius judge by Anonymous Coward · · Score: 0

      There is a second minimum wage in most states for the amount an employer pays a tipped employee directly (was $2 last time I worked in a restaurant, vs. ~$4.75 for other employees at that time and state). However, in the end, even tipped employees were required to make more than the normal minimum wage. If they don't make enough tips to exceed the normal minimum wage, the employer needs to make up the difference. For example, with the numbers I remember from once upon a time, if the person was paid the minimum $2/hr, and only made another $2/hr in tips (or only reported that much...), the employer would be required to pay them an extra $0.75/hr that pay check. Usually amounted to waiters reporting enough tips so that the employer didn't have to pay more, and the employer then ignoring that the waiters made more than that on tax documents.

    269. Re:Genius judge by Rich0 · · Score: 1

      There are jobs that people really, really, really want to do for zero pay. Why wouldn't you allow them to make that decision for themselves?

      For the same reason that you're not allowed to work a job for $1/hour even if you really, really, really want to do it. For every case where the situation ends up not being abusive there are 1000 cases where it is used to exploit people who would really prefer to be paid but are desperate.

    270. Re:Genius judge by Anonymous Coward · · Score: 0

      >what's the point of hiring interns?
      >hiring interns?
      >hiring

      If you hire me, you pay me. If you do not pay me, I do not work for you, I work for me, and will walk away from you anytime I like.

    271. Re:Genius judge by K.+S.+Kyosuke · · Score: 1

      But what if their work is not realistically worth even the minimum wage to the employer?

      Then why do they bother with enlisting their non-existent work contribution in the first place? To waste their own time?

      --
      Ezekiel 23:20
  2. There goes the industry... by Anonymous Coward · · Score: 0, Funny

    If interns have to get paid, there goes Hollywood, Print, and Radio media industries... Interns pretty much do everything these days.

    1. Re:There goes the industry... by 1s44c · · Score: 3, Insightful

      If interns have to get paid, there goes Hollywood, Print, and Radio media industries... Interns pretty much do everything these days.

      How about laying off some lazy fat management types to free up some money?

    2. Re:There goes the industry... by Anonymous Coward · · Score: 1

      Not it doesn't. When I was 18 and 19 I had internships for a couple summers. I got minimum wage. That isn't going to break anybody. They just need to stick a crow-bar in their wallets. Come on! You're telling me that even $10/hr is going to raise the price of a ticket so much that it'll kill the biz? How many people could you hire at minimum wage for just 0.1% of Sony's revenue of $22.4 billion in Q4 2012? Ballpark, I get about 11,000 people.

    3. Re: There goes the industry... by Anonymous Coward · · Score: 0

      To the extent that's true doesn't it just suggest that the industry is broken?

    4. Re:There goes the industry... by Anonymous Coward · · Score: 2, Funny

      If interns have to get paid, there goes Hollywood, Print, and Radio media industries... Interns pretty much do everything these days.

      How about laying off some lazy fat management types to free up some money?

      Exactly, like the GP said, there go the movie, print, and radio industries. Nothing anyone can do about it now but wait for the sweet embrace of death.

      Wait, Hollywood would go belly-up? And we're complaining about this?

    5. Re:There goes the industry... by Anonymous Coward · · Score: 0

      Only if they lay off the idiot types like you.

    6. Re:There goes the industry... by Whatsisname · · Score: 4, Insightful

      If those industries cannot survive without a large pool of free labor, then they should go the way of the dodo.

    7. Re:There goes the industry... by 1s44c · · Score: 1

      Only if they lay off the idiot types like you.

      Nice reply boss, I didn't know you read slashdot.

    8. Re:There goes the industry... by interkin3tic · · Score: 1

      They do that! At every opportunity! Eliminating everyone who makes more than minimum wage aside from the few oligarchs is EXACTLY what the oligarchs would prefer. That's why the middle class is being eliminated. It's a lot easier to live like a king when there are fewer nobles running around.

    9. Re:There goes the industry... by Ryanrule · · Score: 1

      Adapt, or DIE.

    10. Re:There goes the industry... by Anonymous Coward · · Score: 0

      For black swan the box office was $329 million on a budget of $13 million.

      They can afford to pay, they opted not to.

    11. Re:There goes the industry... by Anonymous Coward · · Score: 0

      And yet, the movie industry has a HUGE pool of free labor willingly throwing themselves at their doorstep... in the form of media distributors.

      And they only want those people to go to FPMITA prison.

      They definitely should go the way of the dodo.

  3. goodbye interns by Anonymous Coward · · Score: 0

    Hello Mexicans. In corporate Amerika the company always wins.

  4. Fewer internships by Anonymous Coward · · Score: 0

    All this means is that there will be fewer internships, thus fewer opportunities for unskilled students (or otherwise) to gain experience. Keep in mind that these students are working of their own free will.

    1. Re:Fewer internships by Lunix+Nutcase · · Score: 2

      Boohoo. Companies can't exploit as many people anymore! The horror!

    2. Re:Fewer internships by Anonymous Coward · · Score: 0

      All this means is that there will be fewer internships, thus fewer opportunities for unskilled students (or otherwise) to gain experience. Keep in mind that these students are working of their own free will.

      The "Free Will" argument is bullshit in a system which uses fear and emotional/financial leverage to push people towards exercising their "Free Will" in the ways favored by exploitive entities.

      I mean, at the extreme end you could say that a torturer is not to blame when the victim blurts out the names of friends and families. It was a choice, after all, right?

      Basically, fuck off. Use your observational skills to measure the world around you instead of constructing bullshit arguments to make yourself feel happy about the status quo.

      The system is being abused. Oppose it or accept it, but don't lie to yourself about it. Only cowards and retards do that.

    3. Re:Fewer internships by sribe · · Score: 1

      All this means is that there will be fewer internships, thus fewer opportunities for unskilled students (or otherwise) to gain experience. Keep in mind that these students are working of their own free will.

      So what?

      No, really, think about your answer.

      Eliminate this unethical source of free entry-level labor, and young people looking for first jobs will be competing against what level of experience?

    4. Re:Fewer internships by lightknight · · Score: 2, Interesting

      Working there of their own free will, so that they can gain experience, so that they can get a leg up when it comes time for applying for an Entry-level / Junior job, which they will not get, since it's more cost-effective to use free interns than what is now an 'expensive' employee.

      See, a typical company has numerous regular employees, and takes on a handful of interns during the summer / other times. These positions used to be paid; they weren't paid well, compared to when the person actually graduated, but then, they weren't being paid much, and interns were closer to observer status than the backbone of the company. The only organizations who really ran with the unpaid internships were the peace / welfare / non-profit types, who would argue that they couldn't afford it, etc., etc., and people let them go with that because of morality.

      Anyway, between the dotcom crash, the housing market crash, and so on, the market is getting so bad, that the business types, who occasionally need a reminder from their fore-bearers why certain lines are not crossed, decided to cross another line. "The market is bad, so all internships will now be unpaid" -> every-time the market takes a dip, a business type will try and cut something; it's almost like a play, and shows that their business is not being run well enough to weather the darker times. Anyway, like all bad ideas, it catches on; soon college students are spending their parent's money to drive to and from unpaid internships, on the gamble that it will all work out in the long run if they put the effort in. Between the rising cost of gas, rising cost of tuition, and senior-level positions being marketed as entry-level positions, they're rolling in debt, and the entire edifice is collapsing on itself.

      But the real problem? The real problem, from a business perspective, is this. Suppose I have a company with 12 regular employees, and I pick up 3 paid interns. My rival has a company with 3 regular employees, and 12 unpaid interns. From a strictly fiscal aspect, he's probably going to be more cost-effective than I am. So I downsize all but 3 of my regular employees, and bring on 24 unpaid interns. He responds by firing all but one of his regular employees, and bringing on 36 unpaid interns. He's probably still winning, from a cost effective standpoint...but chances are, neither of our companies are producing much, the quality is going to be very variable, and the market is looking in horror at what has been created -> an incredibly unstable company, where the employees have little reason to be there, can leave in a heartbeat, and so on. The unpaid internship, like email spam and the old registrar's policy of 'trying a domain name for a month before paying for it,' has been abused; any company that cannot afford to pay for an internship (which rarely exceeds, what, the teens in terms of renumeration per hour?) is probably on shaky ground to begin with.

      --
      I am John Hurt.
    5. Re:Fewer internships by swan5566 · · Score: 1

      Wrong. There is still the same work that needs to be done, and companies will still have it done whether it's done with free or cheap(er) labor. And if there are ones eliminated, those are probably the ones who are just getting coffee and other menial, non-educational tasks - the ones that should be eliminated anyway.

      --
      In debates about Christianity, there are two groups: those looking for answers, and those looking to just ask questions.
    6. Re:Fewer internships by Half-pint+HAL · · Score: 2

      All this means is that there will be fewer internships, thus fewer opportunities for unskilled students (or otherwise) to gain experience. Keep in mind that these students are working of their own free will.

      There will be fewer internships, because the crappy worthless ones will be axed. There will not be fewer opportunities for students to gain experience, because the genuine internships — the ones that are not-for-business-gain and the ones that are for business gain, but paid — will continue. So there will be just as much experience gained, although there will be fewer internships on CVs. Which will not only stop the exploitation, but it will make having an internship on your CV more attractive to potential employers, because it will now say you have actual real experience in something more useful than running down to the local store for a box of donuts and a 6 pack of Mountain Dew....

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    7. Re:Fewer internships by Anonymous Coward · · Score: 0

      ll this means is that there will be fewer internships, thus fewer opportunities for unskilled students (or otherwise) to gain experience.

      Valuable experience like how to fetch coffee and how to move boxes all day long? If the work was giving them valuable experience, they wouldn't have to be paid because it would meet the educational requirement. All this will make dry up are the unpaid internships that don't offer any experience... so nothing of value to the students is lost.

    8. Re:Fewer internships by sjames · · Score: 1

      All this means is that there will be fewer internships, thus fewer opportunities for unskilled students (or otherwise) to gain experience doing unskilled work for free.

      FTFY

    9. Re:Fewer internships by Anonymous Coward · · Score: 0

      All this means is that there will be fewer internships, of the sort where you learn nothing and get paid nothing. Well, that's just awful isn't it?

  5. Ripple effect by Anonymous Coward · · Score: 5, Interesting

    Unpaid internships are a huge crutch perpetuating class divisions here in the US. I wonder what will change now that rich kids no longer have the advantage of being able to say "I'll work for free."

    1. Re:Ripple effect by Thanshin · · Score: 0

      That's a very interesting point of view and I have no mod points.

    2. Re:Ripple effect by misexistentialist · · Score: 1

      Doubt much will change when they say, "I'll work for Starbucks money"

    3. Re:Ripple effect by Anonymous Coward · · Score: 1

      So much this. I've been out of college for 7 years now. The only job I ever managed in IT was to a lesser extent at a shitty computer shop. They paid min wage, no benefits, full time 9 hours a day and wasn't really any breaks often either. I didn't stay for long was an awful shop, but for 7 years that's a really shitty run. I only ever even managed to find one internship I was working toward, and had I got it I'm not sure it would have even been paid. This trend of unpaid internships really is ridiculous and it favors rich kids that can be out of work constantly.

      That said I have had to live off my family a lot I can't find jack for jobs here but it's not because I want to and we certainly are not rich by means. I even went back to college for a totally different profession which only netted me 9 months of work. With as bad as the economy is here and still totally not recovering there isn't a fat chance in hell I'd take an unpaid internship, I have way too many loans to pay back (and as much as I like school I'm not paying back a third education) and I'm getting too old to be living off of my mother constantly.

    4. Re:Ripple effect by Anonymous Coward · · Score: 0

      There are so many ready and willing applicants that I'm not sure the class issue is really an issue.

    5. Re:Ripple effect by johnny5555 · · Score: 1

      That's so true. Meanwhile, the less well-off are working regular jobs every summer to pay for school, and reducing their chances of success in their field. Pretty damn hard to get a decent job now without an internship in your history.

    6. Re:Ripple effect by Anonymous Coward · · Score: 0

      It's called the minimum wage. The rich kid can take that while the poor kid may not be able to.

    7. Re:Ripple effect by Anonymous Coward · · Score: 0

      How dare these rich parents use their hard earned wealth to give their kids an advantage! We must pass laws and use violence to stop this!

    8. Re:Ripple effect by Anonymous Coward · · Score: 0

      well, because of minimum wage law. They won't work at all. Since the value of their labor is less than the mandated wage.

  6. Internships are hard work! by glassware · · Score: 5, Insightful

    An internship should clearly be:

    - For a well-defined project;
    - For a limited time;
    - Paid (at a basic level);
    - As much work for the employer as it is for the intern.

    If you're not mentoring your interns heavily, you stand no chance of developing a talent pipeline. I wrote about my experiences with an internship program here: http://www.altdevblogaday.com/2012/04/18/lessons-learned-from-training-interns/

    The critical aspect is that you have to have the available bandwidth to mentor and supervise an intern. You have to give them clear goals and a clear chance to succeed.

    1. Re:Internships are hard work! by clarkkent09 · · Score: 1, Interesting

      And who are you to decide that rather than the employer and the employee involved? You learn a lot just from being on a movie set, working in a hospital, or in a senator's office or in a science lab. These are experiences that are extremely hard to get and valuable and many people will gladly do them for free without any of your additional arbitrary conditions.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    2. Re: Internships are hard work! by Anonymous Coward · · Score: 0

      I'm going to assume that you don't then support things like safety regulations....

    3. Re:Internships are hard work! by Whatsisname · · Score: 4, Insightful

      By having them unpaid, you are essentially making those jobs only be accessible to people from wealthy families. Only people from wealthy families can afford to pay the bills while working for free. Everyone else has to find a paying job, which would then exclude them from being able to gain entry into those fields.

    4. Re:Internships are hard work! by Half-pint+HAL · · Score: 4, Insightful

      And who are you to decide that rather than the employer and the employee involved? You learn a lot just from being on a movie set, working in a hospital, or in a senator's office or in a science lab. These are experiences that are extremely hard to get and valuable and many people will gladly do them for free without any of your additional arbitrary conditions.

      Yes, and you're still allowed to "just be on a movie set", because "just being" isn't working. It's the working that's the problem, because there you are, in front of people making millions of dollars, and they're trying to save $10 an hour on a runner by getting you to do it instead...? That's pathetic, really....

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    5. Re:Internships are hard work! by dywolf · · Score: 2

      yes. fetching someone's coffee or being an unpaid janitor is really "educational" and totally "valuable experience" for a film school intern.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    6. Re:Internships are hard work! by Beardydog · · Score: 1

      "You learn a lot just from being on a movie set"

      Then why is the intern doing any work at all? The internship exists for their education. If their presence is all it takes for them to be educated, let them spin in a wheely chair and call it an internship. If you can't afford that, you can't afford a real intern.

    7. Re:Internships are hard work! by Anonymous Coward · · Score: 1

      ...or in a science lab.

      I can speak about this one from experience at least. And just being around in the lab, you learn very little unless you already have enough experience to pick up on what and how people are doing. We have two categories of students working around our labs, both paid the same: the non-science majors just looking for some extra income and science students looking for experience.

      The former are given the menial tasks, like cleaning, moving things, assembling or sorting large numbers of simple things, salving of old equipment. They learn a few things, although by far most of it is related to how to use tools (which depends on which task they are given, some aren't going to get that). They learn very little science, especially since they are usually purposely given task that require minimal supervision once started and they interact with each other more than the scientists and engineers. Sometimes when I bump into one, I'll ask them a simple question or two to see what they've picked up, and they much more often than not don't even know what simple things like the broad goals of the lab or basics of what the lab is working on (as in the stuff you would see in a paragraph summary for the general public on our webpage). A lot of the time, they don't even know what it is they are sort/assembling/disassembling, other than know mechanically what needs to be done. I feel like they leave having learned as much about the lab's work and project as people get from half hour tours on open house days. There are a few exceptions though, the ones that ask plenty of questions, who usually pick up something if they spend enough time around a person who can answer their questions... but that kind of overlaps with the second category.

      The latter group, the ones there for experience, are usually given their own projects so they can design and build or collect data that contributes to the goals of the lab. They spend a lot more time interacting with scientists and engineers, are given lots of supervision, and are expected to spend as much time learning as actually building or doing something. They definitely learn a lot, both about the big picture of the project and about their own little slice, frequently to the point they get a publishable paper out of the work. A lot of the learning comes not from just being around and watching, but being able to interact, ask questions, and then do things with hands on experience so they can see why things are done a certain way and why it might be harder to do it a different way, etc.

      That said, if someone were the observant, inquisitive type that could get a lot from just watching, there are a lot of labs that I would expect to be willing to just let someone sit around while work is going on. Some work would be impeded by distractions or some labs lack physical space to have someone sitting around not doing something, but otherwise, many others wouldn't mind the company and can even talk or answer questions while doing things without getting in the way of getting things done. I've invited friends and students over when they got curious about stuff. Although the more common situation is having sometimes a person or two sitting in on group meetings to learn how our group works, because then they get the summary and discussion of the work without having the sit and watch someone remove bolts for half an hour and then stare at an oscilloscope for another hour.

      Anyway, the point about the last paragraph is that in some cases, if you think you would benefit from just being around the environment, then you can sometimes find ways to benefit from that without doing unpaid work. If you do work, you should be paid, although that work might be too distracting for you to learn much, or will need to involve a lot of time from supervisors to actually learn a lot. The idea you should work just to be "paid" by having the privilege to be in such an environment is too often just a BS excuse.

    8. Re:Internships are hard work! by LordLimecat · · Score: 1

      - As much work for the employer as it is for the intern.

      Good luck with that.

    9. Re:Internships are hard work! by LordLimecat · · Score: 1

      Bull.
      Students already basically do this by taking out a student loan. They already have a place to sleep, and food to eat. What additional costs are they incurring by doing an internship?

      Not saying theres no merit to a discussion about internship pay, but I know plenty of "non-wealthy" folks who do internships. Its not exactly a rare thing to see.

    10. Re:Internships are hard work! by wisnoskij · · Score: 1

      Why shoudl it both be paid, and produce less than 0 total work?

      "As much work for the employer as it is for the intern." So someone who is actually a professional and whose time is worth money is going to spend just as much work on you as you do for him, and on top of that he pays you.

      --
      Troll is not a replacement for I disagree.
    11. Re:Internships are hard work! by Anonymous Coward · · Score: 0

      The problems isn't just "$10" an hour. It's all the other nonsense that goes along with it. Taxes, labor law, paperwork, insurance, benefits, etc that is required by law.

      That "$10" an hour jumps to $30 an hour, in actual costs not just their paycheck, once they become an official employee.

      So how many teenagers/twenty somethings you know that have enough experience to justify getting paid $10 an hour much less $30?

      What's going to happen is the intern slots paid or unpaid are simply going to dissappear.

    12. Re:Internships are hard work! by Solandri · · Score: 1

      Yes, and you're still allowed to "just be on a movie set", because "just being" isn't working. It's the working that's the problem, because there you are, in front of people making millions of dollars, and they're trying to save $10 an hour on a runner by getting you to do it instead...? That's pathetic, really....

      You're actually right, but not in the way you think you are. $10/hr is trivial. So trivial that they'll just pay the $10/hr and stick with their old runner whom they know and trust thank you very much. The point of the intern being cheap/free is to give the employer an incentive to bring a young, inexperienced, and potentially immature individual into the workplace. A business has got to be pretty desperate to abuse it for free labor. We took on kids from the local high school as volunteers for an event, at the school's request. Despite supposedly being from the school's honor society (i.e. best grades), the quality of their work was so low we never did it again.

      While the judge was correct that the measure of benefit to the intern vs to the company was subjective, the company was correct that that's really what matters here. If you have to pay interns $10/hr, suddenly they're not competing with other interns. They're competing with young adult job applicants who probably already have work experience doing the job. Why would a company hire the intern instead of the experienced applicant? This decision will not just cause interns to be paid. It will cause a reduction in the number of internships available. Effectively, the subjective decision the judge complained about will be taken out of the court's hands, and be made within the company before they ever offer an internship.

    13. Re:Internships are hard work! by Anonymous Coward · · Score: 0

      If I'm paying you, I'm not going to also mentor you. Pick one.

      If the internship is just about getting coffee and not about mentoring, then it's a job, not an internship and pay should be involved.

    14. Re:Internships are hard work! by johnny5555 · · Score: 1

      Internships are usually in the summer, when school's not in session. What are you supposed to do if there are no relevant internships near you, and you've been accepted to one that's too far away to commute?

    15. Re:Internships are hard work! by KGIII · · Score: 1

      What is your point? No, seriously, what is your point with your post?

      --
      "So long and thanks for all the fish."
    16. Re:Internships are hard work! by Maxo-Texas · · Score: 1

      Your point is valid- but the actual market is about 50%.

      A $10 an hour employee costs you about $15. And that's only if they work over 30 hours and qualify for insurance.

      This drops to about 43% at the social security breakpoint (just under $110k last I heard).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    17. Re:Internships are hard work! by Cajun+Hell · · Score: 1

      Good point. I always wondered why all the rich kids get to work as low-paid Wal-Mart greeters or burger flippers, while the poor ones are stuck with having to get jobs in management or legal. Now I finally understand why it's like that: only rich people can afford to work at Wal-Mart.

      --
      "Believe me!" -- Donald Trump
    18. Re:Internships are hard work! by Half-pint+HAL · · Score: 1

      While the judge was correct that the measure of benefit to the intern vs to the company was subjective, the company was correct that that's really what matters here. If you have to pay interns $10/hr, suddenly they're not competing with other interns. They're competing with young adult job applicants who probably already have work experience doing the job. Why would a company hire the intern instead of the experienced applicant? This decision will not just cause interns to be paid. It will cause a reduction in the number of internships available. Effectively, the subjective decision the judge complained about will be taken out of the court's hands, and be made within the company before they ever offer an internship.

      If it's a $10ph job for an experienced applicant, it's not going to provide any useful experience for a student or graduate, so they can just go pay for a runner instead.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    19. Re:Internships are hard work! by Midnight_Falcon · · Score: 1
      Having been in this same situation quite a few years ago -- I can tell you that there's plenty of additional costs. Notably, if you don't own a car and go to school in a rural area like I did -- you have to get yourself some transportation -- which can be more costly than a whole semseter of tuition/rent.

      Then there's the issue -- you could work a menial job at a retail store or something for minimum wage, or get no pay and even spend money to work "in your field." If you're paying for your own college, unpaid internships simply aren't an option -- that summer money pays for Fall Tuition.

      I paid for my own school and was unable to do an internship because I was busy working for money, to pay tuition.

    20. Re:Internships are hard work! by Midnight_Falcon · · Score: 1

      It's the case already that young adult job applicants are competing with still-in-school interns -- heck, some "internships" require you to have graduated college, and are intended for the summer after graduation. I have friends out of college for a couple years, who haven't gotten on a career path, who are happy to take an unpaid internship at this point to move in a career direction -- and they have a hard time finding that.

    21. Re:Internships are hard work! by Anonymous Coward · · Score: 0

      Bull.
      Students already basically do this by taking out a student loan. They already have a place to sleep, and food to eat. What additional costs are they incurring by doing an internship?

      Not saying theres no merit to a discussion about internship pay, but I know plenty of "non-wealthy" folks who do internships. Its not exactly a rare thing to see.

      I beg to differ. I have never taken out a student loan in my life, nor have I lived in subsidized housing. During much of my college days I was making mortgage payments.

      Some may be able to afford to work for free, but not only am I not in that number, I spent a lot longer going through college because I kept having to skip terms in order to work a job to pay for the next term.

    22. Re:Internships are hard work! by Neuroelectronic · · Score: 1

      Getting internships right is a practical need for our company as our engineering positions are always under-filled. Our internships are just as you said, they're paid projects, projects that an eternal candidate can be actively involved in and yet still completely fail. Getting productive output from an intern is just a fuzzy bonus that may or may not materialize. Finding a productive full time engineer is much more important for our long term prospects then getting a project done for free. Taking short-term economic advantage of internships at the cost of finding engineers is not something a real company based on innovation can compromise on.

    23. Re:Internships are hard work! by Sabriel · · Score: 1

      Only people from wealthy families can afford to pay the bills while working for free.

      Bull. Students already basically do this by taking out a student loan. They already have a place to sleep, and food to eat. What additional costs are they incurring by doing an internship?

      That would be the sum of any interest they're paying out on the loan plus any interest they're not making on the positive balance they'd have without the loan plus any lost opportunity costs incurred thereby.

      Not saying theres no merit to a discussion about internship pay, but I know plenty of "non-wealthy" folks who do internships. Its not exactly a rare thing to see.

      On the other hand, what does each of us mean when we think "non-wealthy"? It would be interesting to see the actual economic demographics of interns with respect to the overall population and to the poverty line. Mapped over generational time would be even more interesting.

    24. Re:Internships are hard work! by LordLimecat · · Score: 1

      Bikes are expensive? Because that seems to be the favored means of transportation from the interning students ive seen.

      It also seems to me that if "rural" is a significant enough cost, its cheaper to just intern in a city for the summer-- jobs are easier to get and rent still isnt that bad on the outskirts (again, like a lot of the students I know).

    25. Re:Internships are hard work! by Half-pint+HAL · · Score: 1

      Why shoudl it both be paid, and produce less than 0 total work?

      It shouldn't. But if it produces more than zero work, it should be paid. In this case, it produced work, so the judge ruled it should be paid.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    26. Re:Internships are hard work! by xaxa · · Score: 1

      We pay our placement students* just above minimum wage. They make no more (or less) tea than the rest of the staff, they have a real project to do, and their university usually makes them write a report about it.

      New graduates are paid almost double minimum wage, and at least half of the placement students apply for jobs here a year or two after their placement.

      If the student isn't even worth minimum wage to the company then they're not doing anything. Sixteen year olds can do that (we call it "work experience", and it can end up as making tea and photocopying) but a student with two years at university should be able to offer (and be offered) much more.

      * "interned" in British English means put in prison.

    27. Re:Internships are hard work! by Midnight_Falcon · · Score: 1
      I owned a bike in college and biked an average of 5mi a day. The nearest city was about 30mi, and major city about 150 miles, so that didn't help in opening up the job market. Local jobs (even menial ones) were FILLED with college students because of the surplus of labor in the college town. Train or bus transport to said major city was around $20 each way -- or about four hours of minimum wage work pay per day towards the commute. A bike could help you get a job at the supermarket, but that would barely be enough to pay expenses if you spent all your free time working. It would not open up desirable internships usually located in a city however.

      Also, landlords in this town usually stipulated you needed a one-year (rather than per semester) lease, so if you moved to do an internship, you'd be paying double rent. So, it's not always quite so easy.

  7. Finally years later.... by i_want_you_to_throw_ · · Score: 1

    We have learned the lessons of Kramerica and intern abuse.

  8. it's not the judge... by sribe · · Score: 5, Informative

    Unpaid internships have always been very restricted according to labor laws. It has always been the case that many companies in the entertainment and publishing and fashion industries were breaking the law. What is new is simply that a few former interns got fed up enough with their treatment that they are ratting out their unethical non-employers ;-)

  9. Re:bye bye interns by Lunix+Nutcase · · Score: 1, Funny

    This just in: corporate whore roman_mir is butthurt over ruling that doesn't kiss the ass of Corporate America.
    Film at 11.

  10. LIBERTARIAN ALERT !! by Anonymous Coward · · Score: 0

    TO ARMS ! TO ARMS! Some judge is legislating form the bench that people can't freely enter into any contract they so desire !~!!

    TIME FOR MORAL OUTRAGE!

    Question- are all libertarians coke snorting sociopaths who long to the good old days of feudalism.

    Or what?

    1. Re:LIBERTARIAN ALERT !! by KGIII · · Score: 1

      Nah, I actually support this judge's decision. It makes perfect sense to me and it follows the letter (and spirit) of the law quite nicely.

      --
      "So long and thanks for all the fish."
  11. Washington interns by Anonymous Coward · · Score: 0

    Does this mean the kneepad earners are entitled to back pay at the same rate as the available escorts? Hearings coming to House and Senate?

  12. Internship system by intermodal · · Score: 2

    I can't comment on specifics, as I've never done an internship, but my impression is that the theory is to get the intern a little bit of exposure to the field they are trying to get into, with the byproduct of some internships leading to legitimate jobs or networking with those they interned with. However, if the internships are being used as an excuse to use these interns as nothing but grunt workers for tasks completely unrelated to their field, it seems the exercise is a waste on any but a networking level, and even then, they'd be cultivating contacts whom they will just resent anyway.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    1. Re:Internship system by wisnoskij · · Score: 1

      I think it really depends.
      Getting experience in a field might mean watching someone work and getting a lot explained to you.
      It might mean doing a real job, but having a real professional spend just as long going over it, fixing all the mistakes, and showing you where you went wrong.

      You spend 10s of thousands to learn from a professor, why does it make any more or less sense to pay nothing and receive nothign to learn from a real professional on the job.

      --
      Troll is not a replacement for I disagree.
    2. Re:Internship system by intermodal · · Score: 1

      Ah, but my comment wasn't specifically about pay. My comment was remarking on how some interns are not getting what you described at all. I think throughout the comments section here, there are a lot of people who are comparing either apples and oranges or trying to compare one apple to itself. The reality seems to be that there is no one-size-fits-all description of all internships.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  13. same thing with permatemps and misclassified contr by Joe_Dragon · · Score: 1

    permatemps, contractors and so on are just other ways to get work for free / low cost and in the case of some contractors like fedex make them pay the costs of your business.

  14. Re:Next! by gl4ss · · Score: 1

    "Fine. Here's $5000. Now remove from your resume that you interned on Black Swan ."

    you know what sounds better than interned? that they worked on the black swan. beats interning any day of the week.

    but the real point is that they'll have to start thinking about their internship policies and practices..

    --
    world was created 5 seconds before this post as it is.
  15. Re:bye bye interns by couchslug · · Score: 4, Insightful

    Minimum wage is so low that any company who wants to grow their own talent can pay it painlessly.

    The skilled trades, unlike various Elitist Fuck Corporations, pay their apprentices because otherwise said apprentices wouldn't be able to have food, clothing and shelter.Internships/apprenticeships are increasing as they are the (proven over CENTURIES) way to grow skilled tradespeople.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  16. some schools make you pay for the credits by Joe_Dragon · · Score: 3, Insightful

    some schools make you pay for the credits so work for free and pay to get credit for it.

    1. Re:some schools make you pay for the credits by Synerg1y · · Score: 1

      Some schools have enrollment and un-enrollment forms for this reason. Also, when was an internship ever about credits rather than getting your foot in the door?

    2. Re:some schools make you pay for the credits by h4rr4r · · Score: 2

      When I did mine?
      I had to do 9 months worth. It was a requirement for graduation. Had to be paid and had to be in the field of my degree.

    3. Re:some schools make you pay for the credits by Synerg1y · · Score: 1

      In IT, I've never heard of the practice. Masters requires a year of relevant work experience for which coincidentally internships don't count.

    4. Re:some schools make you pay for the credits by h4rr4r · · Score: 1

      It was an IT degree. My internships had to be paid and it had to be an acceptable wage to my dept head. Anything below $10/hour they would normally refuse. If it was a charity they might let it go that low. I also had to document what I did and if it did not meet some standard it would not have counted.

    5. Re:some schools make you pay for the credits by SJHillman · · Score: 1

      For my Bachelors in IT, I had to do a 480 hour internship (12 weeks full-time), which I had to pay full-time tuition during.

      Hey, now you have heard of this practice.

    6. Re:some schools make you pay for the credits by Obfuscant · · Score: 1

      Anything below $10/hour they would normally refuse. If it was a charity they might let it go that low.

      So, in essence, a charity that wanted to use you to run their IT for them during your internship would have had to pay you, but they could have a true volunteer with professional experience doing the same thing for free. That's a contractual issue between you and your school, not a legal matter for the courts. If you had agreed to do the work for them for nothing, no court should rule in your favor if you come back after the work is done and demand payment.

    7. Re:some schools make you pay for the credits by h4rr4r · · Score: 1

      Sure, for a charity. Volunteering at a for profit is not legal.

      http://www.dol.gov/elaws/esa/flsa/docs/volunteers.asp

    8. Re:some schools make you pay for the credits by Obfuscant · · Score: 2

      Sure, for a charity. Volunteering at a for profit is not legal. http://www.dol.gov/elaws/esa/flsa/docs/volunteers.asp

      Nice try, but that cite doesn't support your claim. It says that:

      Under the FLSA, employees may not volunteer services to for-profit private sector employers.

      As a volunteer, I am not an employee. If you read the second sentence of what you cite:

      However, the Supreme Court has made it clear that the FLSA was not intended "to stamp all persons as employees who without any express or implied compensation agreement might work for their own advantage on the premises of another."

      In other words, the Supreme Court has ruled that volunteers are not employees under FLSA. As long as I'm not doing so with "express or implied compensation", I'm a volunteer. Clearly, it is not "implied compensation" for one to garner experience working in a field (such as the interns in this case), otherwise that would be their fairly agreed-to compensation for their internship and no back-pay would be granted.

      Once I am an employee I may no longer "volunteer" my services to that employer. Of course not, I'm an employee, and I'm not able to volunteer anymore. There is always the implied threat in such a case of termination for not "volunteering", and thus FLSA does make that illegal. As I said, INvoluntary volunteerism is clearly illegal. That's not what you have to cite. Your statement deals with true volunteerism.

      What you cite does not say that volunteers may not volunteer. Try again.

    9. Re:some schools make you pay for the credits by Falkentyne · · Score: 1

      That's how my wife had to do it. This was for a radiological technologist degree (x-ray). Had to pay for the program / units / books and work a 40 hour internship for a year unpaid. Luckily for us they just stopped paying students a stipend so completely unpaid yay! This was after an unpaid externship which was about 6 months (2 or 3 days a week full shifts). Total program length was about 2 years where her ability to make an income was close to impossible.

      The shitty part was - at the hospital she worked at the volunteers which came in once in awhile were given free lunches and other benefits whereas she worked 40 hours a week and didn't get jack - wait I take that back. I think she got 10 - 20% off in the cafeteria. Yes, she was learning valuable skills and getting signed off on requirements for her certification but still - she did the work of any paid employee making high 20's / low 30's per hour. What's a couple bucks for gas money for that kind of value?

    10. Re:some schools make you pay for the credits by TemporalBeing · · Score: 1

      some schools make you pay for the credits so work for free and pay to get credit for it.

      Some schools require the companies to pay their interns too.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    11. Re:some schools make you pay for the credits by The+Cat · · Score: 4, Funny

      Is it possible for anyone to have a conversation on the Internet without being a gigantic dick?

    12. Re:some schools make you pay for the credits by jo7hs2 · · Score: 1

      I did a one semester class similar to this... I worked as an unpaid "extern" for a government agency AND paid my law school to get credit for it.

    13. Re:some schools make you pay for the credits by rahvin112 · · Score: 1

      No. Welcome to the internet. You might find you have no idea when you are having a discussion with a know it all 12 year old.

    14. Re:some schools make you pay for the credits by Uberbah · · Score: 1

      Also, when was an internship ever about credits rather than getting your foot in the door?

      Since business interests offloaded the costs of on-the-job training or master/apprentice programs onto the taxpayer via "higher education". And offloaded much of their recruiting and HR costs via internships that pay little to no money.

    15. Re:some schools make you pay for the credits by Anonymous Coward · · Score: 0

      However, the Supreme Court has made it clear that the FLSA was not intended "to stamp all persons as employees who without any express or implied compensation agreement might work for their own advantage on the premises of another."

      In other words, the Supreme Court has ruled that volunteers are not employees under FLSA. As long as I'm not doing so with "express or implied compensation", I'm a volunteer.

      Let S be the set of "all persons who without any express or implied compensation agreement might work for their own advantage on the premises of another." The Supreme Court was saying that not all members of S are necessarily employees. That doesn't mean they're necessarily volunteers, though. If a mechanic lets me use his garage to fix my own car, I'm not an employee, but I'm not a volunteer either.

      Also, "not all members of S are employees" is consistent with the statement "some members of S are employees." If I run the "Whac-A-Mole" booth at a fundraiser for non-profit, I'm a volunteer. If I run the "Whac-A-Mole" booth at a for-profit amusement park, I'm an employee, even if I don't have an express or implied compensation agreement.

    16. Re:some schools make you pay for the credits by Xyrus · · Score: 1

      Is it possible for anyone to have a conversation on the Internet without being a gigantic dick?

      In the before time, in the long long ago the internet was a forest of gigantic dicks. But now the community has matured and diversified into an incredible melting pot of dicks, douchebags, and the perenial favorite: assholes. There's even crossover's and new species now, like vaginal squids and cockgobblers, something not even dreamed of back when the internet was new.

        As a community, we have explored many facets of dickishness and assholery. And surprisingly, every time we think we have discovered all there is to know, some radical new asshat or douchebagel stumbles upon yet another new cranny of crevicedom.

      So where once you only had a single choice, there is now a veritable cornucopia of internet cornholes. Enjoy the marvels of human depravity!

      --
      ~X~
    17. Re:some schools make you pay for the credits by PoolOfThought · · Score: 1

      I'm interested in hearing more about this so I can understand it. How is anything you mentioned offloaded to the tax payer via "higher education"? My question is serious... I'd like to understand the thinking behind the theory.

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
    18. Re:some schools make you pay for the credits by Anonymous Coward · · Score: 0

      Your saying that all volunteers at all private hospitals are illegal?

    19. Re:some schools make you pay for the credits by Macgrrl · · Score: 1

      Some professional degrees have mandatory work experience requirements to graduate. I studied Architecture at University, at Melbourne it was a split degree (double Bachelor), entry to the second degree had a per-requisite of the first degree ( or other school equivalent of 3 years) plus 12 months work experience. The expectation was that it would be paid experience. I worked for a large national firm with 3 other 'interns' for the duration of my year.

      --
      Sara
      Designer, Gamer, Macgrrl in an XP World
    20. Re:some schools make you pay for the credits by Half-pint+HAL · · Score: 1

      As a volunteer, I am not an employee. If you read the second sentence of what you cite:

      However, the Supreme Court has made it clear that the FLSA was not intended "to stamp all persons as employees who without any express or implied compensation agreement might work for their own advantage on the premises of another."

      "Work for their own advantage on the premises of another." So an independent hairdresser can operate out of the spare chair in another hairdresser's salon, or a self-employed mechanic can use the spare maintenance pit in another guy's workshop without claiming to be an employee. In such cases, the direct benefit of work is only to the worker (and his/her customers) and the host only gets the indirect benefit of increased footfall. The fight starts when the host organisation expands, and needs the chair or the pit back. At that point the guest says "you can't chuck me out" and the other guy says "look at your lease" and so the guest tries to claim rights on th grounds that "working here"="employee".

      But a coffee boy is not a self-employed tradesman, and it's the host organisation that gains the benefit from having a free coffee boy.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    21. Re:some schools make you pay for the credits by Anonymous Coward · · Score: 0

      For my Bachelors in IT, I had to do a 480 hour internship (12 weeks full-time), which I had to pay full-time tuition during.

      Hey, now you have heard of this practice.

      What the fuck is a "Bachelors in IT"? CIS? CS? Networking? Infrastructure? Security? If I saw "Bachelors in IT" on a resume that crossed my desk, I'd laugh before dropping it into the trash.

    22. Re:some schools make you pay for the credits by SJHillman · · Score: 1

      It's a generalization that drops specific details that are irrelevant to the point of the anecdote. Especially since the 480 hour internship requirement applied to all of the different IT-related Bachelors degrees offered where I went to school.

      What the fuck is an "Anonymous Coward"? If I saw "Anonymous Coward" on a resume, I'd drop it into the trash without laughing.

    23. Re:some schools make you pay for the credits by Joe_Dragon · · Score: 1

      and the "higher education" system is not setup for that. The trade / tech schools are more setup for that but HR does not like them and 2-4 years is to long for some fields.

    24. Re:some schools make you pay for the credits by cheesybagel · · Score: 1

      Even in the US there are state colleges. Not to mention state sponsored student loans and the like.

    25. Re:some schools make you pay for the credits by PoolOfThought · · Score: 1

      You do realize didn't answer the question, right? But, then again you're not the one the question was directed to so I suppose that's reasonable.

      In reading your response you imply that loans create some kind of "sponsorship" or something. I don't think that's right at all. Government loans should actually be looked at as an additional tax of whatever the interest rate is on the loan - not a sponsoring of your educational desires. For example, if some unsuspecting young person borrows 10,000 USD to go to a state school one semester what they don't see is that statistically they'll get to pay between $200 and $400 bucks a year (interest) for next 10 - 20 years for the privilege. That interest is a cost the student is paying and is pure, guaranteed profit for the government since student loans can't be bankrupted. Those same loans also make the borrower beholden to the government during their entire college experience because they have to be renewed each year (if not each semester).

      I'm still waiting to hear how master/apprentice programs have been offloaded as well as on-the-job training. I just haven't seen that to be the case and I'd really like to hear the Uberbah's rationalization behind that statement so I can understand it.

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
    26. Re:some schools make you pay for the credits by cheesybagel · · Score: 1

      It is a sponsorship if the loans provided by the government are below market rate. Which I would assume they are otherwise no one would apply for them.

      Plus like I said there are stage colleges and even universities like the University of California.

      I think it is fairly obvious that professions which used to be learned on the job have been switching to college based for a long time. One example is programming and software development in general but there are certainly a whole lot more of them. At one time dentists did not require any special certification and in fact many hairdressers were dentists. This started changing in the XIXth century. In the case of dentistry in many places in the world you cannot do the job unless you have a degree. In the case of software development not having a degree will preclude you from being even considered as an employee in many places.

    27. Re:some schools make you pay for the credits by Uberbah · · Score: 1

      Since business interests offloaded the costs of on-the-job training or master/apprentice programs onto the taxpayer via "higher education". And offloaded much of their recruiting and HR costs via internships that pay little to no money.

      and the "higher education" system is not setup for that.

      They are when four year degrees are the new high school diploma when it comes to job applications.

    28. Re:some schools make you pay for the credits by PoolOfThought · · Score: 1

      It is a sponsorship if the loans provided by the government are below market rate. Which I would assume they are otherwise no one would apply for them.

      That's simply not true. It's not state sponsored loans. By your logic no one would ever by CDs (not the music kind) because they pay below market rates. Everyone would buy "above market rates" investments. But there's something CDs have going for them that makes them a nice investment in some cases. Can you guess what it is? It's pretty much guaranteed... it may be less... but it's guaranteed.

      Student loans from the government are the same thing only it's the government doing the investing. It's only below market rates that they demand because there is no risk about being paid back. They are giving you money that you will pay back... even if you can't pay anything else you will pay these loans back. Banks have to charge more because there is risk involved for them. For the government, giving student loans is a GOOD investment just about every single time, because no matter what you are on the hook if you take the loan. A guaranteed investment almost always pays a lower return... that's just how the world works.

      Plus like I said there are stage colleges and even universities like the University of California.

      And tuition just keeps going up. I wonder why. It's not 10% more expensive to educate the same number of people every year is it? No, it's partly so people will take bigger loans... because THEY (both government and schools) know that idiots like me (I cannot fully separate myself from my past stupidity) will see it as a requirement and will do whatever I have to do to make it happen.

      I think it is fairly obvious that professions which used to be learned on the job have been switching to college based for a long time. One example is programming and software development in general but there are certainly a whole lot more of them. At one time dentists did not require any special certification and in fact many hairdressers were dentists. This started changing in the XIXth century. In the case of dentistry in many places in the world you cannot do the job unless you have a degree. In the case of software development not having a degree will preclude you from being even considered as an employee in many places.

      I think it's fairly obvious that medicine or dentistry is completely different than hairdressing. There might even still be hairdressers that are also dentists or hygienists, but really, who cares? Somewhere along the way we learned that there's enough to know about the medical field that it makes sense to require people to actually be SPECIFICALLY EDUCATED before they can practice medicine.

      Electricians don't have to go to trade school. If you know an electrician (there are plenty) that will take you on then you can become their apprentice and work with them. I talk to electricians a few times a year that all wish they could find good help, but nobody wants to "work" anymore. The mere suggestion that you can't do on the job training for professional careers any more is crazy because no amount of education will make you a master electrician (a designation required to get many electrician jobs). It's work experience that does it... that's right... on the job training. Same goes for plumbers, locksmiths, machinists, and more.

      I worked in a tire factory and and a medical device manufacturing factory. At the tire place no one needed a degree. It was all on the job training... Watch out for that big ass tire coming down the aisle on a hook and make sure you do what's needed to it without getting yourself killed. I didn't need a degree to do that. It paid pretty good too.

      At the medical manufacturing place it was extremely low tolerance medical tools (think 'screws for putting your pelvis back together after you're in a motorcycle crash' and you'll have an idea of the types of things made there). Much of the work was st

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
  17. good enough does not work for office boy interns by Joe_Dragon · · Score: 1

    good enough does not work for office boy interns where they don't even do real work / do stuff they are not going to school for.

  18. Need apprenticeships with real trainin in the IT / by Joe_Dragon · · Score: 1

    Need apprenticeships with real training in the IT / field.

  19. internships should be paid by Chirs · · Score: 1

    I worked as an "intern" for 16 months for a telecom provider, and got what I considered to be a decent wage for it. (About 3/5 the starting wage for a fresh-out-of-school programmer at that company).

    If someone wants to volunteer for a position on their own time, then that's okay--but that's not what I'd call an internship position, and the system shouldn't be set up to have people needing to volunteer full-time.

    1. Re:internships should be paid by Half-pint+HAL · · Score: 2

      If someone wants to volunteer for a position on their own time, then that's okay--but that's not what I'd call an internship position, and the system shouldn't be set up to have people needing to volunteer full-time.

      That's not OK, because then you have companies exploiting the constant stream of desperate unemployed people looking to get the experience that gets them their next job.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
  20. Re:Next! by Imagix · · Score: 1

    Sure, but now they get to add that they worked on Black Swan (and got paid for it) instead of just interned. Oh, wait. Now that they've been paid to work on Black Swan, they'll sue for not being credited for it.

  21. Long memory by Anonymous Coward · · Score: 1

    Regardless of the outcome, there are now 2 interns who need to find a new career path, because they'll never work in that town again. Hollywood holds grudges, forever...

    1. Re:Long memory by GameboyRMH · · Score: 0

      Yep, that's where the phrase "You'll never work in this town again!" comes from.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  22. Leapfrog Technology Group abuses interns by Joe_Dragon · · Score: 3, Insightful

    Leapfrog Technology Group abuses interns

    Here is the job add with some added mark up

    Fun points are up 3 months full time with no pay

    and they have the balls to say "This means that if you don't believe there is any value to 12 weeks of unpaid on the job training, then this opportunity is not for you. We're looking for those individuals with long term aspirations in mind, not someone simply looking for a paycheck."

    added mark up start with --

    What is an Information Technology Internship?

    An IT Internship is both an educational experience and a potential full time job after completion.

    An IT Internship teaches students how to apply existing skills to real-world environments.

    An IT Internship gives students the opportunity to learn new skills to better prepare for the competitive job market after graduation.

    An IT Internship offers a variety of positions in at various types of organizations.

    --point 4 is part of payed jobs

    We offer internships to highly motivated individuals who want to enhance their IT exposure while working for a technology company focused on consulting and managed IT support. Our IT operations are located both in Chicago's Loop. We are currently seeking two interns to assist with our outsourced support program for our client located in the Chicagoland area.

    Desired Experience

    1 - 2 years --For a Work for free job?

    Desired Education

    High School or higher --OK

    Desired Technical Skills

    Windows 7, Internet Explorer, Outlook, Remote Access, Remote Desktop, Active Directory Administration, Basic Group Policy. --ok

    Desired Soft Skills

    Additional third party application skills and network infrastructure a plus. Ability to heavily multitask, excellent written and verbal skills, ability to understand business concepts and operations, independent worker, punctual, professional, asks detailed questions.

    Must enhance skills on their own time when necessary at home or in office. --so not only is this work for free it's work off the clock at home as well?

    Job Description and Career Opportunity

    Throughout the course of each day, Leapfrog Technology Group delivers the absolute highest quality and most reliable technical support and network design\implementation services to small and medium organizations between 5 to 150 computers with one or more servers. Leapfrog is a Microsoft Gold Certified Partner in the Midwest Region, focusing on network infrastructure, advanced network infrastructure and managed services. Established in 2002, the company employs a small group of highly capable senior engineers focused on providing IT strategy and ongoing operational support.

    We are currently seeking candidates through our Campus Relations Program for our Information Technology Development Program. This program provides challenging assignments and exceptional growth opportunities. In your role as a Help Desk Analyst, you will expand your skill set by providing prompt and effective support for our clients technical needs. Additionally, Leapfrog has a web design division, provides hardware\software sales, provides project management services, and in this role, additional non technical skills will be developed. This internship requires heavy multitasking, use of technology software to ease the burden on the support specialist, and is extremely challenging. Even for seasoned IT professionals, a role as an IT consultant is a very challenging one. We believe that this will be a position in which the staff is held to the highest standards and will be held accountable to use Leapfrog's proven methodologies.

    Must have the following qualities:

    Business savvy: You are smart and you understand the business implications of your ideas. You are successful in translating classroom training into workplace solutions.

    Results focused: You always give it your best but you're not satisfied until you've acco

  23. huh... by Charliemopps · · Score: 1

    The interns where I work have more perks, do less work, can leave any time they want, have unfettered access to just about anyone in the company AND get paid... often more than I do. They don't get benefits like heath insurance though... so there's that.

  24. Why unpaid in the first place? by zmaragdus · · Score: 2

    I don't get why internships were ever unpaid in the first place. In the course of training someone to do the job they are interning for, they end up providing some form of valuable work, even if it is at a lower level of effectiveness/efficiency than a highly-skilled employee. As an engineer, I have the good fortune of being in a field where internships are almost universally paid, and paid well for that matter. (Many engineering internships run from double to triple minimum wage.) Even my most basic intern experience (which is barely considered "engineering" by my standards) paid over double minimum wage (back in 2006). I can't fathom a sort of situation where an intern provides absolutely no useful work. Can anyone provide an example?

    --
    (((dB)))
    1. Re:Why unpaid in the first place? by Shados · · Score: 1

      Depends on the environment i guess. Some internship programs require the company to go through a lot of hoops dealing with the college and whatsnot, having structured training systems to incorporate those interns which require a lot of time from other people who could be doing 10x the work during that period, and basically, you're doing the intern a favor in exchange for some good will, reputation, and as a kind of long term interview process.

      Most places I worked for paid interns (quite well in many cases), and asked basically nothing in return (the projects given to them were usually training projects, if they succeed, great, but usually they were just thrown away, because there was basically nothing 99% of students in their second year or so could do for us).

      Then my previous job, where interns were given the most boring, annoying, tedious tasks, were asked to work long hours, and in the end weren't paid. That was just...wrong on so many levels.

    2. Re:Why unpaid in the first place? by j2.718ff · · Score: 1

      Most places I worked for paid interns (quite well in many cases), and asked basically nothing in return (the projects given to them were usually training projects, if they succeed, great, but usually they were just thrown away, because there was basically nothing 99% of students in their second year or so could do for us).

      Considering the trouble we often need to go through to find good employees, the money paid to interns can easily be justified as part of recruitment costs. If an intern does well, give him a job offer when he graduates. If he does poorly, the company still hasn't lost too much money. Compare that to the cost of hiring a senior-level engineer who interviews well, but can't/won't handle the work.

    3. Re:Why unpaid in the first place? by Anonymous Coward · · Score: 0

      Purely a function of minimum wage law. Unpaid internships are just a loophole that allows low skilled workers to get experience. Otherwise, sure, they would be paid a couple of dollars an hour, or whatever.

      Classic case of government using force to fix problems created by the government using force.

    4. Re:Why unpaid in the first place? by Anonymous Coward · · Score: 0

      I don't get why internships were ever unpaid in the first place.

      Because they say "$0? ok, yes, I'll do it. Sign me up!", instead of saying, "No, but I'll do it for $10."

      I don't know why they do that, and if someone ever asked me for advice, I would tell them to go with the $10/hr counteroffer. But people have their own desires and opinions. (What an interesting world!)

      I can't fathom a sort of situation where an intern provides absolutely no useful work.

      I can't, either. What's happening is that some people think that $0 (or $0 plus college credit) is ok compensation for some useful work. We should really be asking those people what's going on, because they have all the power and it's their decisions which are being called into question. I think they ought to negotiate more selfishly.

      And the court is saying that if they don't negotiate selfishly enough, then they're going to point guns at everyone and either raise the price, or cancel the deal altogether.

      IMHO that's even worse than the brain-damaged decision the interns are making. But that's a judgment call. Which is better: stupid or evil? I suppose I can see both sides of that issue.

    5. Re:Why unpaid in the first place? by RabidReindeer · · Score: 1

      I don't get why internships were ever unpaid in the first place.

      Read Dickens. In the Good Old Days, an unpaid internship would have been a luxury. A lot of times, the intern had to pay the employer for the first couple of years.

    6. Re:Why unpaid in the first place? by Anonymous Coward · · Score: 0

      Ideally unpaid internships should work like a short term mentorship. They should basically just shadow a skilled worker in their field of study and learn valuable skills and techniques, not do productive work for the company. One could learn quite a bit from following around an upper level manager, ceo, lawyer, director, producer etc. The idea was that once these people graduated companies could then hire them at a higher starting position as they should already have learned many of the skills they need from the internship.

    7. Re:Why unpaid in the first place? by serviscope_minor · · Score: 1

      I can't fathom a sort of situation where an intern provides absolutely no useful work.

      In scientific resesarch, it's often the case. Remember a PhD is a 3-4 year training program in scientific research.

      Researchers often take on pre PhD summer students for 3 months.

      Unless you're wasting everyone's time, you have to spend a fair bit of time with them since they are basically untrained. Heck even if you were evil you couldn't even rely on them to clean a lab unsupervised because they'd move/break/unplug some crucial bit of kit.

      The absolute best ones---the ones who will eventually end up very succesful in either academia or business--will just be a net positive in terms of work done (assuming you would have spent the supervision time working on the same problem).
      Mostly, though it's a net loss waste of time.

      However it does allow you to give someone a 3 month extended interview, and is a great way of vetting PhS students.

      Also, lots of scientists do like to share knowledge and every so often you get s student who makes it feel all worthwhile even if you can't keep them, because they're smart, motivated and just fun to work with.

      --
      SJW n. One who posts facts.
  25. Wouldn't have my job without an unpaid internship by Anonymous Coward · · Score: 0

    I was never interested in the college route, and got lucky and got an unpaid internship when I was younger that blossomed in to a 13 year career. This ruling makes me sad because I know that my life would be way, way worse if I hadn't gotten that unpaid internship. I didn't have a degree or anything to offer the company that gave me the internship, just what I knew from hobby programming as a kid, which was why the unpaid part made so much sense.

    This kind of ruling basically shuts off a great future for anyone who was like me, and that is bad news. If you don't want an unpaid internship, don't take one. But why rob someone who will benefit from it of the possibility to improve their lives? I'd probably working some shit job right now making minimum wage if I didn't have that opportunity.

  26. Disable Ads by HalAtWork · · Score: 0

    Slashdot, I don't want to disable ads on my account, I believe you deserve to get whatever revenue it is from me. But if the stupid slide-over-the-page ads continue, that's going to annoy me so I will disable advertisements.

  27. Re:Next! by Anonymous Coward · · Score: 0

    "Fine. Here's $5000. Now remove from your resume that you interned on Black Swan ."

    No problem. I'll removed that I "interned" on it, and replace it with the fact that I "worked" on it.

  28. Nothing is free by houbou · · Score: 1

    so, why should work be any different?

    1. Re:Nothing is free by Anonymous Coward · · Score: 0

      The point of unpaid internships in many industries is that the interns pay for the ability to get experience and connections in an industry with their potential pay. In other words, rich kids can pay their way in.

    2. Re:Nothing is free by RightSaidFred99 · · Score: 1

      If you don't want to work for free, don't offer to do an unpaid internship. Complex problem solved!

    3. Re:Nothing is free by Anonymous Coward · · Score: 0

      If you don't want to be sued, don't misrepresent your unpaid internship as offering training/experience when it offers neither.

      Complex problem solved!

  29. Re:bye bye interns by Sique · · Score: 1

    In USA the internship is the only way for somebody to enter the labour force and actually learn on a job that they could not otherwise land most likely.

    You are so right. An internship is for actually learning on a job. Doing grunt work and fetching coffee is not learning. It's working simple tasks. And work has to be paid.

    --
    .sig: Sique *sigh*
  30. Re:bye bye interns by CRCulver · · Score: 3, Informative

    The minimum wage laws and the socialist State agenda already made it impossible for people to take very low paid position only to be apprentices, so apprenticeship is dead in America because of the minimum wage.

    Funny how high minimum wages and "socialism" to a degree much greater than in the US hasn't eradicated Germany's very popular system of apprenticeship.

    And first-world countries that do not have minimum wage set by law tend to have minimum wage worked out in collective bargaining between a union and management (which then applies to all employees, union or non-union). Do you think that that would lower wages?

  31. Nothing to see here by Anonymous Coward · · Score: 0

    All he did was uphold the existing DOL laws. This isn't a change. At most, it is making people aware of abuses that occur in the name of student internships.

  32. Re:same thing with permatemps and misclassified co by Anonymous Coward · · Score: 0

    Where I work, there are perma-temps going on years with the company, with less pay, no vacation, no reviews or raises. Meanwhile, while the perma-temps are repeatedly the highest performers, more recently-hired 'actual' employees have fairly abysmal performance. While I hate the idea that laws need to made to control every possible senerio in everyday life and business, it's difficult to find a non-governmental-controlled fair solution to both the employer and employees.

  33. Another freedom gone by Kohath · · Score: 0, Flamebait

    You used to be free to decide for yourself whether to take an unpaid internship. Now you can't. The internship police won't allow it. Because they know more about your life than you, so they'll be making your choices for you.

    1. Re:Another freedom gone by h4rr4r · · Score: 3, Insightful

      You used to be free to die in the gutter. You used to be free to breathe asbestos on the job. You used to be free to be raped by the sweat shop owner.

      These regulations exist for good reason. I am offering a free one way trip to Somalia so you can check out the alternative. As part of my education for slashdot libertarians program I do require a refund if you ever leave Somalia.

    2. Re:Another freedom gone by dywolf · · Score: 1

      you're an idiot.

      this doesnt stop unpaid internships.
      RTFA.
      this stops unpaid interns being used as free labor for activites that cannot be considered educational or relevant to the entire point of the internship. two film school students being given an internship on a movie and being used as unpaid labor instead of being TAUGHT THINGS. that is the sort of thing being stopped. not unpaid internships as a whole, but those which are simply trying to get free labor and not fulfilling the educational requirement.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    3. Re:Another freedom gone by dywolf · · Score: 1

      once again i almost agreed with you. then, once again, you had to throw in antoher ignorant libertarian remark. you still dont have a damn clue what you're talking about when it comes to that.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    4. Re:Another freedom gone by h4rr4r · · Score: 1, Informative

      Note I stated "Slashdot Libertarian".

      I have plenty of experience with those nuts.

    5. Re:Another freedom gone by sribe · · Score: 1

      You used to be free to decide for yourself whether to take an unpaid internship.

      Well, yes, sort of. But the employer is not free to hire employees without paying them. This particular form of employee abuse has been illegal in the US since 1938 ;-)

    6. Re:Another freedom gone by benjfowler · · Score: 1

      I think if this guy's hands were flapping any faster, he'd take off like a bird.

    7. Re:Another freedom gone by Anonymous Coward · · Score: 0

      best. post. I have read in 10 years. :)

    8. Re:Another freedom gone by Anonymous Coward · · Score: 0

      And you're another moron that confuses libertarianism with anarchy.

    9. Re:Another freedom gone by Anonymous Coward · · Score: 0

      Of course you are still free to take an unpaid internship even after this.
      But you also _gained_ the freedom to sue them and get paid after the fact if it wasn't a worthwhile learning experience.
      Unless you want to argue that the poor company has been bereaved of its right to (voluntary, kind of) slave labor.

    10. Re:Another freedom gone by KGIII · · Score: 1

      Have you read the thread? The article? Have you read the decision? It would appear that you have not. You can still do those things. The reason THIS one was unacceptable was because they didn't do anything education and only did menial tasks that should have been paid labor.

      --
      "So long and thanks for all the fish."
    11. Re:Another freedom gone by Uberbah · · Score: 1

      once again i almost agreed with you. then, once again, you had to throw in antoher ignorant libertarian remark.

      Scotsmen aint got nothin on True Libertarians....

    12. Re:Another freedom gone by Kohath · · Score: 0

      If the job is not approved by the internship police, you have no choice. They will decide. If the job is not educational enough for them, it doesn't matter whether it's educational enough for you.

    13. Re:Another freedom gone by Kohath · · Score: 1

      Shorter version of your post: Anywhere that doesn't regulate voluntary internships is like Somalia. And not learning at your voluntary internship is like being raped.

    14. Re:Another freedom gone by Anonymous Coward · · Score: 0

      It's just enforcing the minimum wage law, which applies to EVERY job. "Internships" aren't even a legal category under US labor law. You're either an employee or a trainee. Trainees are supposed to be in training, not doing work.

  34. bad idea by stenvar · · Score: 1

    Of course people should get paid if they were promised an internship but end up doing menial labor. But they have a simple solution: they can just walk away from their unpaid internship without losing anything. If you voluntarily stay in an unpaid internship, presumably you are getting something out of it.

    The insidious effect of this rule will be to place organizations providing good unpaid internships at a much higher legal risk, because the organizations that provide them now have to worry about getting dragged into court by a disgruntled intern for back pay. That not only means they are going to be less likely to have interns in the first place, it also means that interns who can't clearly contribute at a high level from day one have to be kicked out right away.

    1. Re:bad idea by xclr8r · · Score: 1

      Of course people should get paid if they were promised an internship but end up doing menial labor. But they have a simple solution: they can just walk away from their unpaid internship without losing anything. If you voluntarily stay in an unpaid internship, presumably you are getting something out of it.

      The insidious effect of this rule will be to place organizations providing good unpaid internships at a much higher legal risk, because the organizations that provide them now have to worry about getting dragged into court by a disgruntled intern for back pay. That not only means they are going to be less likely to have interns in the first place, it also means that interns who can't clearly contribute at a high level from day one have to be kicked out right away.

      Negative. What this means is that internship offerings will have to be more concrete in what the learning outcomes will be and also not replace low skill work (e.g. go clean the bathroom - unless you are in zoology and it's animal bathrooms) for interns . Will there be less offerings? Maybe a little but the internships that do stay will be more valuable for both the student and business in the end.

      --
      Beware of those who profit off the docile and persecute the unbelievers.
    2. Re:bad idea by fahrbot-bot · · Score: 2

      But they have a simple solution: they can just walk away from their unpaid internship without losing anything.

      Often, an internship is associated with college credit for which the student has paid tuition. Quitting an internship would be like dropping a class and, after some point in the semester, there's no refund for that tuition.

      --
      It must have been something you assimilated. . . .
    3. Re:bad idea by stenvar · · Score: 1

      And paying them for a worthless internship helps them get their credit ... how?

    4. Re:bad idea by Midnight_Falcon · · Score: 1
      Without losing anything? Not true -- you've lost all the time you spent on that internship. What's the point of an internship if you don't get a reference for not completing the term, because you left since you weren't learning/doing anything non-menial?

      If you stay in an unpaid internship voluntarily, it might just be because you are young and naive and are getting exploited. If that's the "lesson" to be learned, se la vie, but this shouldn't be a "coming-of-age" lesson to all interns -- it stifles legitimate business interests.

    5. Re:bad idea by stenvar · · Score: 1

      Without losing anything? Not true -- you've lost all the time you spent on that internship.

      You show up, they tell you to make coffee, you stay two days to see whether it changes, you leave. Easy.

      What's the point of an internship if you don't get a reference for not completing the term, because you left since you weren't learning/doing anything non-menial?

      You can't legislate internships to be good experiences.

      If that's the "lesson" to be learned, se la vie, but this shouldn't be a "coming-of-age" lesson to all interns -- it stifles legitimate business interests.

      Is there any indication that "all interns" have this problem? No, of course not.

      If you stay in an unpaid internship voluntarily, it might just be because you are young and naive and are getting exploited.

      And you want to teach them that the way to deal with a bad employment situation is to sit out the internship and then sue for back pay. That is even more insidious than the fact that this decision will likely reduce the number of good internships available.

  35. Yeah. You're missing the point by a mile. by Anonymous Coward · · Score: 0

    "Fine. Here's $5000. Now remove from your resume that you interned on Black Swan ."

    I'd be perfectly happy with the intern system if it wasn't being abused.

    If people are going to be deliberate, exploitive assholes just because they can be, then I'll bill them for my time and energy, (and I'll put whatever the hell I want on my resume, thank you very much).

    If there is genuine good will and an intention to share skills and knowledge, then I'm perfectly happy to work my ass off as a student without pay. If you don't think I'm worthy of passing your skills onto, then don't take me on as an intern. I'm not a slave. I'm in love with your profession. Or at least I was until I realized it was filled with psychopaths.

    The fact that the system is abused and that people are willing to pretend it's not happening, means that the world is just that much shittier a place to live and work. Nice job.

    Hell on earth is created by its occupants and how they choose the treat each other.

  36. This will not affect internship at all. by Anonymous Coward · · Score: 1

    This ruling well have exactly zero effect on internships. There will be the same number of students gaining valuable experience and knowledge from companies through interning as before this ruling.

    What it will do is seriously curtail the number of companies who fail to pay employees they choose to call interns, but are not. Unless you are interning at a Starbucks, getting coffee for people provides no benefit to the intern, and is, and has been, illegal.

    This is not a judge revising the law. This is a judge finally applying the guidelines that define an internship to companies that have abused them for years.

    1. Re:This will not affect internship at all. by wisnoskij · · Score: 1

      What are you talking about?
      This ruling paves the way for any and all interns who think they did not get enough experience.
      If you own a business and hire interns, and do not talk to your lawyers about this ruling than you are an idiot.

      --
      Troll is not a replacement for I disagree.
    2. Re: This will not affect internship at all. by Anonymous Coward · · Score: 0

      If you hired interns without ever checking the legal requirements before this ruling, you are an idiot. If you hired them under conditions that violated those rules before this ruling, you are a criminal. If you need to talk to a lawyer because of this ruling, it's because you're afraid of getting caught for your prior criminal activity.

      This doesn't affect real internships at all. This only affects companies that knew what they were doing was in violation of labor laws, or companies so incredibly ignorant they offered internships without every finding out what that meant.

  37. Re:Next! by Sique · · Score: 1

    It is a fact that the person in question has interned on Black Swan. What you offer is a new contract with a Non Disclosure Agreement. It might not be cheap.

    --
    .sig: Sique *sigh*
  38. my university required we be paid by j2.718ff · · Score: 1

    For my degree, I needed intern experience in order to graduate.

    There were two stipulations --
    1: it be related to my major
    2: it is paid

    As a student, I felt like I was making lots of money (because my previous work was the sort that didn't even require a high school diploma), but to the company, student labor is still ridiculously cheap. If a company can't afford to pay their interns, then they have no business hiring them.

  39. Prisons by ThatsNotPudding · · Score: 2

    If you want free labor and you're a for-profit business?

    Go to the Prison-Industrial Complex, pay them a low fee, and get your labor for next to nothing (or free).

    This has been about the only growth industry in the US for decades.

    This is very appealing to Red states as it gets them a good chunk of money both over and under the table whilst also satisfying their twisted Purtianical sadism fetishes. The fact that most of the sla^H^H^H workers are minorities is just gravy.

    Very related: for-profit prison companies are now lobbying if not outright writing ever more laws with prison sentences as it directly increases their profits. Greed and sick, religion-driven punishment fantasies are the twin reasons the US has more citizens imprisoned percentage-wise than anywhere else.

  40. indentured servitude will be next! by kawabago · · Score: 1

    Soon there will be no tools left. What are we supposed to exploit the desperate with then? Help?

  41. Re:bye bye interns by Anonymous Coward · · Score: 0

    Same person as AC right now.
    --

    Nothing funny about it, they are paid below the minimum wage, I know since I asked the young girls working as dentist assistants in Germany, they are making about 500Euro per month, that's for 3 working days a week (they go to school as well for 2 days a week) and they work from 8AM to 8PM.

  42. I once offered to pay to be an intern by GoodNewsJimDotCom · · Score: 1

    I once offered Blizzard $1000 to be an intern at a time when I was desperate to have experience on my resume. I would have been glad if they accepted too. It is hard to get your foot in the door in the video game programming/design industry.

    1. Re:I once offered to pay to be an intern by Anonymous Coward · · Score: 0

      I once offered Blizzard $1000 to be an intern . . . It is hard to get your foot in the door in the video game programming/design industry.

      I have two problems with this:

      1. Would you let anyone who offered you a few pennies get access to your proprietary source code and/or product designs?
      2. Programming and design are two completely different things. If you can't tell the difference, that's probably why you haven't gotten your foot in the door yet.
    2. Re:I once offered to pay to be an intern by GameboyRMH · · Score: 1

      Wow, so I guess you got over your self-destructive masochism and got a nice job eventually?

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    3. Re:I once offered to pay to be an intern by Anonymous Coward · · Score: 0

      Are you kidding? It's easy as hell, you just need to be willing to work the kind of unpaid overtime for low pay that's considered ridiculously high even in other parts of the software industry.

      You also need to lower your standards and realize that for every programmer working on World of Duty or whatever game you like, there's two dozen working on shovelware.

      Once you realize those two things, you can move on and work in some other subset of the software industry that isn't quite as dysfunctional as the games industry.

  43. If you want to work for free ... by dbIII · · Score: 1

    If you want to work for free then work for a charity or relatives and not some dipshit that hasn't got the message about slavery yet.

  44. Unpaid internships support discrimination too. by Anonymous Coward · · Score: 0

    Consider some industries that can be very lucative and exclusive - Advertising boutiques, high end fashion houses etc. You can't get in without experience.

    Who can afford to work as an unpaid intern for 2 years? Those with Daddy's wealth.

    1. Re:Unpaid internships support discrimination too. by GameboyRMH · · Score: 1

      Pro driving is another one. There are two ways in: Win a national karting championship before you hit puberty (requires Daddy's Mad Money), or pay a 5-digit sum for "pay-to-play" racing and hope you get noticed.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  45. very stupid judge by holophrastic · · Score: 1

    the one and only purpose of interning is to have the opportunity to shine. It's difficult to get hired as an employee -- there's a lot to prove and a lot of competition. It's way easier as an intern. And it's the foot in the door. You do have the opportunity to do really well, get noticed, and eventually get hired. And all you need to do is to work for free until that happens. That's pretty swell.

    1. Re:very stupid judge by sribe · · Score: 4, Insightful

      the one and only purpose of interning is to have the opportunity to shine. It's difficult to get hired as an employee -- there's a lot to prove and a lot of competition. It's way easier as an intern. And it's the foot in the door. You do have the opportunity to do really well, get noticed, and eventually get hired. And all you need to do is to work for free until that happens. That's pretty swell.

      That's the lie they tell you, but don't believe it. They're really just using you. Statistically, in the fields that abuse unpaid internships, those with internships on their resumes get hired after graduation at a rate about 2% higher than those without.

    2. Re:very stupid judge by holophrastic · · Score: 0

      a) your opportunity doesn't mean it's a big opportunity
      b) 2% is quite a lot. that means you instantly beat out 1 in every 50 applicants. how many resumes do out-of-work people usually send out? More than 50.
      c) it's not a lie, it worked for me at the time. You need to actually prove yourself. It's not easy. That's the point. But it is possible. It's not possible to prove yourself without being there.

      Just because you sucked at your internship, doesn't mean that I did. My first internship got me one employee who vouched for my second internship. That second internship got me a great job offer -- that I turned down to start my own business because I didn't like working for someone else.

      It's the opportunity to impress people. It's not any guarantee that you will. It's just a long and dragged out interview that lasts for months. That's all it is. And that's all it needs to be.

    3. Re:very stupid judge by sribe · · Score: 1

      b) 2% is quite a lot. that means you instantly beat out 1 in every 50 applicants.

      BFD. How much did you pay for that in lost wages?

      Just because you sucked at your internship...

      Bad guess, try again. I have never in my life been asked to work for free.

      It's the opportunity to impress people. It's not any guarantee that you will. It's just a long and dragged out interview that lasts for months. That's all it is. And that's all it needs to be.

      Well, good for you that you're so happy to give away your labor. But that's not "all it needs to be" under the laws of this country, nor probably any other 1st-world nation.

    4. Re:very stupid judge by holophrastic · · Score: 1

      no lost wages. I didn't qualify for anything. you don't take an internship when you can get a job. You take an internship when you can't get a job.

      that is all that it needs to be. if you can get paid, then go ahead and get paid. you don't need the internship. congrats. but some people use the internship process specifically to skip being qualified for the real job. And that's a good thing. It lets people who are fantastic at the work involved skip the education system in which they may not be so fantastic.

      It's simply another way to compete with the same crowd. You can choose to get better grades in school, better degrees, or internship experience. same crap, different angle.

      so how much did you pay for your edication in lost wages? oh yeah, and in the actual cost of the education. oh yeah, and in the student loans.

    5. Re:very stupid judge by Anonymous Coward · · Score: 0

      Somebody doesn't understand statistics.

      A 2% difference in hiring rate does not equate to "you instantly beat out 1 in every 50 applicants".

      Let's say that non-intern folks have a post-school hiring rate of 48%.
      That means the folks who took those internships a 50% chance of getting hired.

      It might be worth it if the post-school hiring rate is under 10%, but that's a pretty good indication that you probably ought to rethink your major and career plans.

    6. Re:very stupid judge by holophrastic · · Score: 1

      so if there are 200 graduates
      100 non-interns, 100 interns
      98 jobs exist
      48 non-interns get hired
      48 interns get hired
      another 2 interns get hired -- the extra 2% being discussed here.

      those 2 extra interns beat out the 102 graduates who did not get any job. of those 102 graduates, 52 of them were non-interns.
      According to the 50% vs 48% that you mentioned, those 2 extra intern graduates who got hired automatically beat out the 52 non-interns, thus were only ever competing with the 50 intern graduates, because the fact that they interned mean that they instantly beat out 52 graduates who did not intern and didn't get hired.

      so I stand by my comment, plus or minus 2 applicants.

      you don't need to understand statistics when you're discussing absolute and countable numbers. there they are.

      now what percent of your milk is fat?

    7. Re:very stupid judge by sribe · · Score: 1

      You're missing the entire point. For you to take advantage of this "opportunity" was a fine thing.

      For the company to have created the situation where there are no paying jobs available for you, by refusing to pay you for the work which you did for them, was both immoral and illegal.

    8. Re:very stupid judge by holophrastic · · Score: 1

      I agreed to it going in. that's no illegal. for the company to give me a four month interview is not immoral. For me to take advantage of it, and wind up competing with six other interns is not illegal. For me to get the job offer when others did not is not immoral.

      They didn't refuse to pay me. They promissed that they wouldn't pay me.

      What's your problem here? Someone who didn't expect to get paid, and could leave at any time if they didn't like the work, stuck around and didn't get paid. They never needed to do the work. They could have walked out the door at any time. They literally had nothing to lose.

    9. Re:very stupid judge by sribe · · Score: 2

      I agreed to it going in. that's no illegal.

      Yes, it is. If you did actual work, it was an evasion of the minimum wage laws.

      for the company to give me a four month interview is not immoral.

      It stopped being an interview when you started doing useful work.

      For me to take advantage of it, and wind up competing with six other interns is not illegal. For me to get the job offer when others did not is not immoral.

      I agree.

      They didn't refuse to pay me. They promissed that they wouldn't pay me.

      Utter and complete bullshit. If you had refused their kind promise not to pay you, then they would have paid you? No? Well then, you should be literally embarrassed to have even written a comment so stupid.

      What's your problem here? Someone who didn't expect to get paid, and could leave at any time if they didn't like the work, stuck around and didn't get paid. They never needed to do the work. They could have walked out the door at any time. They literally had nothing to lose.

      Good for you. My problem is with the immorality and illegality of a company refusing to pay its entry-level workers. And even more so in industries where cabals of companies have colluded to create a situation where young people believe that they can't get, and indeed do not even deserve to be, paid for their labor. If you really can't understand why that is wrong, then you're either too deep in denial about how you were exploited to be able to recognize the truth, or you're a sack-of-shit sociopath who can't wait to be in the position where you yourself can profit from free labor.

    10. Re:very stupid judge by holophrastic · · Score: 0

      I can agree to a contract below minimum wage laws. If you want your government to get in the way of two consenting adults, then you've got other problems. It's a contract, we both agreed. And you'll note that minimum wage laws are for employees, not contractors, and not interns.

      Interviews can include useful work. Welcome to many competitions.

      And yeah, they promissed to not pay me. I was welcomed to refuse. Refusing has consequences. They wouldn't want me around. There's nothing wrong with that. It's not embarrassing.

      actually, I'm the third. I'm the business owner who spend about a decade being underpaid because I was a young and small company. It's called paying your dues. I've become a well-off and successful small business. Young people don't deserve to be paid for their labour. They aren't any good at it. They don't deserve anything, they don't know anything and they aren't taking any risk. they don't DESERVE anything because no one does. You don't have the right to a job.

      they have the right to create their own business, take their own risks, and sign their own pay-cheques. If they aren't willing to be responsible for their own income, and they want me to pay them whether or not they earn any money for the company, (because you're not going to let me penalize them for being slow), then they'll go through whatever process I choose, or they won't get MY MONEY. It's that simple. I'm not forcing them to work for me. They are choosing to do so.

      As I said, they can always start their own company. I did. I sign my own pay cheques. Welcome to independence. Have you ever signed your pay cheque?

    11. Re:very stupid judge by sribe · · Score: 1

      I can agree to a contract below minimum wage laws. If you want your government to get in the way of two consenting adults, then you've got other problems. It's a contract, we both agreed. And you'll note that minimum wage laws are for employees, not contractors, and not interns.

      You're pretty ignorant of labor laws. An "employee" is what the law says it is, and you cannot avoid employment law simply by referring to an employee as a "contractor" or as an "intern"--in fact doing so is a good way to get hit with large fines if you ever get caught. If someone performs work for you, and you have control over the where/when/how of that work, that person is an employee.

      Young people don't deserve to be paid for their labour.

      OK, well, there it is, finally--you are an absolute sack of shit--go fuck yourself.

      Welcome to independence. Have you ever signed your pay cheque?

      Yes. For the past 22 years actually. Well, technically, since 2008 I don't sign anything--I pay a 3rd-party to do that for me ;-)

    12. Re:very stupid judge by Half-pint+HAL · · Score: 1

      I agreed to it going in. that's no illegal.

      That defense didn't work for the cannibal who had evidence of consent from his... hmm... I can't say "victim", if it was consentual... so... meal...? Yes, that's the word. His "meal" agreed to be eaten, and this permission was not disputed in court, but he was still found guilty as you cannot contract yourself out of the basic laws of the land.

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    13. Re:very stupid judge by Half-pint+HAL · · Score: 1

      actually, I'm the third. I'm the business owner who spend about a decade being underpaid because I was a young and small company. It's called paying your dues. I've become a well-off and successful small business. Young people don't deserve to be paid for their labour. They aren't any good at it. They don't deserve anything, they don't know anything and they aren't taking any risk. they don't DESERVE anything because no one does. You don't have the right to a job.

      Replace "young people" with the N word and you've just mounted a civil war era defense for the continuation of slavery....

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    14. Re:very stupid judge by holophrastic · · Score: 1

      and that's rediculous. That's what makes the basic laws of the land retarded. Basic laws of the land: you can't be gay, have more than 2 children, make more than N dollars per year, have more than 1 car, have more than 1 wife, have more than 1 house, let your women show their faces, let your women wear clothing. How many more would you like?

      You seem to forget that the laws are there to keep people from killing each other. Not to make things optimally efficient. I'm still a wild animal. I'm allowed to pee in the woods with all of the other wild animals.

    15. Re:very stupid judge by holophrastic · · Score: 1

      replace "young people" with "aliens" and it's totally acceptable. why are we replacing my words?

    16. Re:very stupid judge by Half-pint+HAL · · Score: 1

      You seem to forget that the laws are there to keep people from killing each other. Not to make things optimally efficient. I'm still a wild animal. I'm allowed to pee in the woods with all of the other wild animals.

      You seem to forget that this isn't true. You believe laws should be for that, but most of us disagree. Laws are an integral part of a society and its identity. For some societies, killing may be considered normal, and things like regulations for fair duels could easily be codified in law... and indeed in many countries, they were, up until a mere couple of centuries ago. And with death penalties, army regulations etc, a lot of current laws still lead to death, not prevent it.

      Laws can and do serve to make things efficient. They stop us having to renegotiate every contract from zero.

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    17. Re:very stupid judge by Half-pint+HAL · · Score: 1

      Because you're a bigot, basically. Everyone deserves to paid for their labour. If they're no good at, they deserve a lower wage, certainly, but if they're not good enough to be of value to you, just don't hire them -- problem solved. But your "they don't deserve it" argument is essentially "I deserve their work for free".

      --
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    18. Re:very stupid judge by holophrastic · · Score: 1

      Do you believe that alients deserve to be paid for their labour?

    19. Re:very stupid judge by sribe · · Score: 1

      ...because the fact that they interned mean that they instantly beat out 52 graduates who did not intern and didn't get hired.

      No, 50 interns got hired. Any one of those 50 interns might have been one of the 2 "extra". The two extra did have a leg up, and beat 52 non-interns, but each intern had only a 1/25 chance of being one of the "extras". In other words, you need to remember that 52 beat out 50, not 2 beat out 50.

      you don't need to understand statistics when you're discussing absolute and countable numbers. there they are.

      Maybe not, but you do need to at least understand how to count.

    20. Re:very stupid judge by Half-pint+HAL · · Score: 1

      Do you mean aliens? And if so, is that Mexicans or little green men?

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    21. Re:very stupid judge by holophrastic · · Score: 1

      we just disagree on how to describe the counting. When I program the sorting algorithm to sort these applicants, I have all of the 100 interns beating all of the 52 non-interns who didn't get hired. so it's not 52 beating out 50. It's 100 beating out 52. and because my sorting algorithm is going to intermix the non-interns too, I get something like: AbAbAbAAbAbAbAbAAb. Which means that the very first intern hired beats out all 199 others. Th every last intern hired beats out 1 non intern hired, plus 52 non interns not hired, plus 48 interns not hired. You need to remember that those 52 interns who got hired beat out way more than just 50. They beat out 98, some beat out the other interns too.

    22. Re:very stupid judge by Half-pint+HAL · · Score: 1

      In both cases, you'd be enslaving a sentient being of equal or (probably) greater intelligence than yourself.

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    23. Re:very stupid judge by holophrastic · · Score: 1

      I was going with any illegal alien. The term doesn't specify origin, it only specifies an unlawful destination.

    24. Re:very stupid judge by holophrastic · · Score: 1

      a) it's not slavery when they can leave at any time
      b) slavery is not a bad thing. your country was built on it. you had a civil war for it too.
      c) slavery is only bad when you abuse your slaves -- as in bodily harm.

    25. Re:very stupid judge by sribe · · Score: 1

      we just disagree on how to describe the counting. When I program the sorting algorithm to sort these applicants, I have all of the 100 interns beating all of the 52 non-interns who didn't get hired. so it's not 52 beating out 50. It's 100 beating out 52. and because my sorting algorithm is going to intermix the non-interns too, I get something like: AbAbAbAAbAbAbAbAAb. Which means that the very first intern hired beats out all 199 others. Th every last intern hired beats out 1 non intern hired, plus 52 non interns not hired, plus 48 interns not hired. You need to remember that those 52 interns who got hired beat out way more than just 50. They beat out 98, some beat out the other interns too.

      Bullshit. Only 2 interns beat out non-interns because of their internship. Any other way of counting it is simply incorrect.

    26. Re:very stupid judge by holophrastic · · Score: 1

      like I said, sorting algorithm would be written very differently.

    27. Re:very stupid judge by Half-pint+HAL · · Score: 1

      Yes, they deserve to be paid for their work. Such work is, of course, illegal and they should get deported if caught, and their employers should be jailed. But they should be paid.

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    28. Re:very stupid judge by Half-pint+HAL · · Score: 1

      b) slavery is not a bad thing. your country was built on it. you had a civil war for it too.

      Get a grip. You have no idea where I'm from. Clue: my country didn't have a civil war over slavery, but rather over someone dressing inappropriately in church. But yes, my country exploited slaves. My forebearers went overseas and conquered countries and enslaved millions. My country is economically developed because of it, and I have profited from that. But the ends never justifies the means -- slavery is a bad thing.

      --
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    29. Re:very stupid judge by holophrastic · · Score: 1

      That makes zero sense. It's illegal for me to pay them, but you want me to pay them and be jailed. It's illegal for them to take money, but you want them to take it and get deported. Nothing about their presence was illegal until they got paid. and you're forcing that very situation.

    30. Re:very stupid judge by holophrastic · · Score: 1

      the exploiting, the conquering, the war is bad. slavery is none of that. slavery is nothing more than controlling someone else's life. it's often paid, sometimes isn't, and is always optional to both parties. slaves can leave at any time.

      I think you're confusing slavery with forced slavery. that's imprisonment and slavery. it's the imprisonment part that's bad.

    31. Re:very stupid judge by Half-pint+HAL · · Score: 1

      I don't think the sentence is any more lenient for unpaid illegal immigrant labour than it is for paid illegal immigrant labour. In most civilisation jurisdictions you can get simultaneously charged with employing illegal/unregistered labour and failure to pay the legal minimum wage. So it's still in your interests to pay.

      --
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    32. Re:very stupid judge by Half-pint+HAL · · Score: 1

      the exploiting, the conquering, the war is bad. slavery is none of that. slavery is nothing more than controlling someone else's life. it's often paid, sometimes isn't, and is always optional to both parties. slaves can leave at any time.

      I think you're confusing slavery with forced slavery. that's imprisonment and slavery. it's the imprisonment part that's bad.

      OK, now you go and write to all the dictionaries, encyclopedias and history books and tell them they're using the word wrong.

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    33. Re:very stupid judge by holophrastic · · Score: 1

      next time, instead of using a dictionary to instruct you on proper diction, you might try using a lexicon to teach you some definitions.

    34. Re:very stupid judge by Half-pint+HAL · · Score: 1

      Thank you for the etymology lesson. If we're going to jump into historical linguistics, we're at risk of going even further off topic.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
  46. Re:bye bye interns by Lunix+Nutcase · · Score: 1

    Aha, but nobody can force an intern to do a job he doesn't want to do. Going to court because as an intern you agreed to do some things that you think weren't teaching you anything you didn't know.... well, if the court takes your side, then eventually there will be no more internships because it's arbitrary what teaches you to do something vs. something that doesn't teach you anything?

    No, no one can. At the same time, the intern can sue for the company violating the law. But laws don't apply to corporations, right? To hold them accountable to anything is tantamount to communism, right?

  47. unpaid interns are not free by D1G1T · · Score: 2

    I ran a company for quite a few years. The summer students I had were paid something, but I have to say that the assumption that employers are getting something for nothing is simply ridiculous. I had to do background checks before allowing them access to my business assets. I had to supply them with desk-space, a computer, a phone. I had to assign someone to train and then to supervise them. Most of their "work" was them learning to do the job. I had a couple who worked out really well, but most were revenue-neutral at best. The last few years I ended up not doing it even when kids begged to work for me for nothing. I would liken it to the opportunities available in international aid. Kids go off and volunteer at orphanages in India or whatever. These days, NGOs usually charge their volunteers a fee in exchange for the opportunity. They have figured out that, in the end, it _costs_ them money to host volunteers.

    1. Re:unpaid interns are not free by CanHasDIY · · Score: 4, Insightful

      I hear similar complaints from businesses all the time: "Employees cost me X amount of money every year!"

      In fact, I hear it so often, I've taken to asking them, "Then why do you have any, if all they ever do is cost you money?"

      Never have gotten a straight answer...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:unpaid interns are not free by oh_my_080980980 · · Score: 1

      LMOL it's called running a business Potsy - YOU HAVE TO TRAIN PEOPLE....

    3. Re:unpaid interns are not free by Anonymous Coward · · Score: 0

      Fuck yo business nigga

    4. Re:unpaid interns are not free by Anonymous Coward · · Score: 0

      Spoken like someone that has never run a business.

    5. Re:unpaid interns are not free by Anonymous Coward · · Score: 0

      Because generally they make more than they cost. Otherwise they would not be hired. Is this not obvious...?

      Unskilled interns don't make much for the business. Because of minimum wage law, they can't be paid what they're worth. This is why unpaid internships exist, to get around this ridiculous law.

    6. Re:unpaid interns are not free by D1G1T · · Score: 1

      It works like this: If I pay you more than I make from the work you do, you are a liability. The vast majority of employees make their company money. This is true even if they are overhead in the accounting department, for example, because their work allows the business to function. My point is that summer students/interns do not meet this criteria. They go back to school before you can break even on them.

    7. Re:unpaid interns are not free by Anonymous Coward · · Score: 0

      The implication of the GP is that, while regular employees do enough useful work to pay for their overheads (with enough left over to pay them a salary), interns do not. Consequently, the GP decided *not* to have interns.

    8. Re:unpaid interns are not free by CanHasDIY · · Score: 1

      Makes sense, thanks for the straight answer.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  48. Re:bye bye interns by Sique · · Score: 1
    So don't do business in the U.S. or in most Western countries. Those countries have something called "rule of law", because as a general rule, you always have the right to bring something to court.

    And no, I would never work for or deal with a business operated by you, where I have to fear to be mistreated, betrayed or otherwise illegally dealt with because you don't want to have the Law have a say how you handle people.

    --
    .sig: Sique *sigh*
  49. How about education? by sjbe · · Score: 1

    If you have to pay interns like regular employees, what's the point of hiring interns?

    I don't know, maybe to educate them? What a concept!

    Interns aren't supposed to be doing the work of regular employees. If they are doing the work of regular employees then they ARE regular employees and should be paid as such. An internship isn't supposed to be a loophole to acquire free labor.

  50. i.e. by publiclurker · · Score: 1

    They should be honored for the privilege of getting us our coffee.

  51. Value added activity by sjbe · · Score: 1

    But what if their work is not realistically worth even the minimum wage to the employer?

    If it isn't worth even minimum wage then it probably isn't very important is it? Recognize the internship for what it is supposed to be which is an educational opportunity. An internship isn't supposed to be a way for companies to skirt minimum wage laws and get free labor.

  52. Re:bye bye interns by Anonymous Coward · · Score: 1

    "In USA the internship is the only way for somebody to enter the labour force and actually learn on a job"

    The judge ruled that the internship in question did not allow the interns to "learn on a job." Therefore, it is not an internship and must be paid. You've misinterpreted the article to a stunning degree. Either you're a truly stupid fuck, or you're such a belligerent asshole that you're willing to ignore the article's content completely for an opportunity to bitch about "socialism" and "encroachment."

    Unemployment? You dumb motherfucker. Do you know why unemployment is bad? Because it means people can't get paid. Do you know why fraudulent internships are bad? Because it means people can't get paid.

  53. Re:same thing with permatemps and misclassified co by Anonymous Coward · · Score: 0

    I'm about to finish up my second year as a permatemp. My previous employer kept me for three years as a permatemp. At my current employer, I'm "laid off" for two months once a year, then I have to reapply and fill out paperwork for my own job, because otherwise the state will make them treat me like a real employee.

  54. Re:bye bye interns by compro01 · · Score: 1

    In USA the internship is the only way for somebody to enter the labour force and actually learn on a job that they could not otherwise land most likely.

    In the USA, the internship is the only way to make certain professions near-exclusive to the progeny of the wealthy. Who else could afford to work unpaid for such an extended period?

    The minimum wage laws and the socialist State agenda already made it impossible for people to take very low paid position only to be apprentices, so apprenticeship is dead in America because of the minimum wage.

    Bullshit. Skilled trades apprentices are paid up here in Canada* and apprenticeship programs are alive and well here, mostly under a cooperative education model around here. I have some other suggestions on possible causes for the decline of apprenticeship in the USA.

    *In this province, the pay for a new apprentice in any Red Seal trade is minimum wage or 40% of the wage paid to a 1st year journeyperson, whichever is greater. This percentage increases over the term of apprenticeship (the scale varies by trade), reaching 90% near the end of the term. For example, an apprentice welder starts at 40%, and it increases by 10% for every 900 hours (~6 months) worked, hitting 90% for the last 6 months of the 3 year apprenticeship term, at which point they take their exam.

    --
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  55. Unpaid means worthless by Anonymous Coward · · Score: 0

    I'm currently an EE on a co-op for a large chip manufacturer. They pay me well for what I do and in return I do quality work for them. An unpaid internship makes no sense because there are two possibilities:

    You're not getting paid to do worthwhile work (in other words, you're getting shafted)
    You're not getting paid because your work is worthless (in other words, you're not getting any real experience)

    I'm glad that someone recognizes that.

  56. Re:bye bye interns by Anonymous Coward · · Score: 0

    Unskilled labor, even though we pay them above minimum wage, is considered essentially free to us compared to the cost of alternatives. Skilled labor on the other hand, is usually where we run into problems. If we can redesign something so that we can hire a few students off for the summer to assemble them, instead of needing a machinist to do it, we save a lot of money. If there is a crude way to have unskilled labor brute force something instead of taking up an engineer's time to streamline the design, we go with the former and save money. If you were running some large factor filled with mostly unskilled workers, then minimum wage might factor in more, but for us where we do small orders and custom equipment, with more skilled than unskilled labor, the cost of unskilled labor is insignificant.

    We do have a few interns, and we do hire young machinists in what is pretty similar to an apprenticeship. The limiting issue here is not the cost of minimum wage (and the budding machinists cost more than that anyway...), and we would hire the exact same amount even if they were free. The limiting issue is the amount of time and costs of the mentors. The death of apprenticeships isn't because of the wages of the apprentice, but because too many companies now don't want to pay for employee training. They want the employees to find training themselves, and deal with it themselves. Instead of hiring a young worker and training them, the company would rather just hire someone already trained and not have to pay for the effort it takes to train someone, which typically costs way more in the end than their wages do.

  57. Re:bye bye interns by Anonymous Coward · · Score: 0

    This gp is not thinking clearly I think...

    The reason most of this has failed in the US is the mantra of 'hit the ground running'. *NO* one wants to train anymore.

  58. High School by phorm · · Score: 1

    Not at the college level, but I've heard from similar things at the High School level where they're expected to work for experience rather than pay.

    IIRC, the local ski-hill often utilized unpaid high-school students in the capacity, but at least they often get free lift passes out of it. Other businesses offered little to nothing. It may be different now, but back in the day you were expected to be unpaid.

    I think this is currently a similar program.

    Also see here

  59. Should be laid? by Anonymous Coward · · Score: 0

    I thought it said interns should be laid.

    -Bill Clinton

    1. Re:Should be laid? by ebno-10db · · Score: 1

      In politics what Monica did was relevant job experience. Politicians do it to their campaign contributors all the time.

  60. Re:Wouldn't have my job without an unpaid internsh by GameboyRMH · · Score: 1

    If it makes you feel better, you're an exception to the rule and unpaid internships do far more harm than good overall. Without this institution maybe it would have been easier for you to get a job just by showing experience and skill, unpaid internships contribute to the "job requirement inflation" that has made a Bachelor's degree the new high school diploma and wants everyone to have 5 years' experience.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  61. Confused by wisnoskij · · Score: 1

    Don't you normally work out your job responsibilities and payment BEFORE you start, not in some court case afterwards?
    If they agreed to work for nothing, how do they have ground to sue, specifically when it is widely known that their job would involve exactly what it involved, grunt work, coffee gettins, and trash removal.

    --
    Troll is not a replacement for I disagree.
    1. Re:Confused by oh_my_080980980 · · Score: 1

      Maybe because it was just that and not "The judge noted that these internships did not foster an educational environment and that the studio received the benefits of the work." If you are doing things that other paid employees do then it's not an internship!

    2. Re:Confused by wisnoskij · · Score: 1

      It is not liked they held them there against their will.
      And you always gain education and experience, there is not one specific environment that fosters it. They got invaluable experience into how corporations will treat you, as well as sweeping skills and coffee getting skills. They are far better prospects for a restaurant employee now, for example.

      --
      Troll is not a replacement for I disagree.
  62. can't stop people from volunteering by Chirs · · Score: 1

    The system shouldn't be set up to essentially require people to volunteer in order to get experience...but it's basically impossible to prevent people from volunteering _should they so choose_.

    An "internship" to me is a paid position for someone who is still in training and is therefore not ready to be hired as a permanent employee.

    1. Re:can't stop people from volunteering by Half-pint+HAL · · Score: 1

      The system shouldn't be set up to essentially require people to volunteer in order to get experience...but it's basically impossible to prevent people from volunteering _should they so choose_.

      No it's not, and half the world have codified this in law. If it's for profit, you're not allowed to use voluntary labour. (I often wonder when somebody's going to make an issue of the "volunteer translations" of Google, Facebook etc -- illegal actions in most of the civilised world....)

      --
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  63. RTFS by CanHasDIY · · Score: 4, Informative

    From TFS:

    Pauley ruled, in accordance with criteria laid out by the U.S. Department of Labor, that unpaid internships should be educational in nature and specifically structured to the benefit of the intern, and reasoned that if interns are going to do grunt work like regular employees, then they should be paid like regular employees."

    All this judge did was rule in accordance to existing law - that interns are there to be taught the tricks of the trade, not be your goddamn coffee mule, and if you're going to utilize them as such, they must be paid for their efforts (and rightfully so).

    For fuck's sake, guys, learn to read at least the damn summary before you go off on a nonsensical tangent; perhaps you'll learn to think better of it.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
    1. Re:RTFS by Anonymous Coward · · Score: 0

      What were you saying again? I couldn't be bothered to read your post.

    2. Re:RTFS by Inda · · Score: 1

      Learn how to spell "paid" too! Unberfuckingbelievable!

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    3. Re:RTFS by CanHasDIY · · Score: 1

      Unberfuckingbelievable!

      Not sure if the superfluous 'r' (or maybe it was the 'n'?) was placed in there on purpose or accident... but I dig it.

      Unberfuckingbelievable is my new favorite word.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  64. OP Is a Troll by avandesande · · Score: 1

    "Student interns are typically relegated to menial tasks like fetching coffee and taking out the trash, the idea being that they get paid in experience instead of money."

    Really? I've worked with a lot of interns and I don't remember having any of them doing this. You may consider working on a small website nobody has time for 'taking out the trash', but I don't think that is what the OP intended.

    --
    love is just extroverted narcissism
    1. Re:OP Is a Troll by Anonymous Coward · · Score: 0

      It varies from field to field. Yeah, programming / engineering interns will have actual work to do (and usually get paid to do it). Finance, film, etc.? Not so much...

  65. would you do it full-time for months on end? by Chirs · · Score: 1

    One-off stuff is fine, that's called volunteering.

    1. Re:would you do it full-time for months on end? by Obfuscant · · Score: 1

      One-off stuff is fine, that's called volunteering.

      One-off? I've been a volunteer with one organization for twenty four years. Another one for ten or eleven. I don't think "one-off" has anything to do with being a volunteer, it has more to do with being paid for what you're doing. It doesn't even mean doing something that they'd have to hire someone to do otherwise, since they'd have to hire someone to do what I'm volunteering to do if a volunteer didn't do it.

      And I'll add in, the one college internship I had was unpaid, and the organization certainly would have had to hire people to do what the college interns did if we weren't there. It wasn't even "one-off", it was a regular, ongoing program.

      It used to be regular advice to people trying to break into the field (software, computer hardware, system management, etc.) to offer to work for free so they could see you had what they needed to hire. We used to tell people to do exactly what is now being claimed to be illegal.

  66. Re:Next! by Impy+the+Impiuos+Imp · · Score: 1

    How in holy hell is this a troll? It distills the essence of the issue. You're either an intern so you can brag about on your resume or you are a low-paid lackey.. You can't be both.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  67. I'm quite thankful I worked as a free intern by nickybio · · Score: 0

    I got into grad school because I worked for free. To get into grad school in science, you need to have professors that are interested in supporting you (at least partially supporting you, as once you are in you can teach to get department funds). As someone who had been out of academia for a decade, I was having trouble finding any professors who would take the risk of supporting me and I couldn't get accepted to school. Then a friend of mine who was a recent PhD grad told me that I should just offer to work for free. After a few months of working for free, the professor I volunteered for, as well as few others, were willing to say they would support me. Lo and behold, I was accepted when I applied again. I think in many cases, interns should be paid, but I don't think a blanket law requiring them to be paid makes sense. I would never have been able to get into the school I wanted without volunteering my time first. The professor I worked for simply didn't have any money to pay me, though I'm sure now that he would have it he could have. It's just a conjecture, but I bet there are other situations where volunteering first gets your foot in the door where there simply would be no other option to open that door.

  68. Recycling category by Anonymous Coward · · Score: 0

    The soylent pickup is on Wednesdays...

  69. Free up the money for workers by Anonymous Coward · · Score: 0

    Lay off... the aristocracy???

    Pardon me, I need to step outside for a moment because my raucous laughter will be highly disturbing and I don't want to alert my cubicle neighbors of my mounting hysterical rage.

  70. Re:bye bye interns by KGIII · · Score: 1

    Someone above mentioned a credit card and another one mentioned living with their mother who was hardly wealthy. Both weren't wealthy and managed to do unpaid internships. Perhaps you should leave your speculation to countries you know about? One needn't be wealthy to do this, one needs to be diligent and willing to take risks, sure, but one needn't be wealthy. Even if that were the case, and it isn't, why would it matter?

    --
    "So long and thanks for all the fish."
  71. Re:bye bye interns by Anonymous Coward · · Score: 0

    AFAIC as an employer I wouldn't want to hire anybody that brings up a lawsuit against their employers, which is why I wouldn't hire anybody in USA (and most other Western countries)

    So... you want some country where the employer is allowed to violate contracts the but the employee is not allowed to? Or are you just not a fan of contracts in general and think people should be allowed to violate them whenever?

  72. Why would you even? by Anonymous Coward · · Score: 0

    Who would even do an unpaid internship?
    I'm doing an internship right now, and if they didn't pay me I would have just continued with my studies.
    Sure, you get to make connections with people that might help you later one, but 6 months of unpaid work is a lot.

  73. Re:Wouldn't have my job without an unpaid internsh by KGIII · · Score: 1

    Re-read the summary and the ruling. This isn't going to end unpaid internships.

    --
    "So long and thanks for all the fish."
  74. Baffling by Anonymous Coward · · Score: 0

    What kind of internship program is going to actually have you sitting around "learning" while doing nothing that benefits the company? This concept completely baffles me. I mean the easiest way to teach someone about a business... is to get them to do the work required by the business.

    Are you telling me that American employers haven't figured out how to get more work done with an intern than without an intern?

    Baffling...

  75. piracy and free labor by bzipitidoo · · Score: 2

    I recall you as one of the people who insists that copying is stealing. You vehemently denounce piracy, saying that artists deserve to be paid, and people who just make a copy without paying are cheating the artists. Pirates are not paying for the labor, the hard work artists put into the creation of their works, and are therefore allegedly making it impossible to earn a living from art.

    But interns? If artists deserve compensation for labor, and not just once, but each time their work is used, surely interns deserve some pay for their labor, just once?

    How do you justify what seems to me to be a huge double standard?

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  76. Re:bye bye interns by ebno-10db · · Score: 1

    AFAIC as an employer I wouldn't want to hire anybody that brings up a lawsuit against their employers, which is why I wouldn't hire anybody in USA (and most other Western countries).

    1. Thank you, as an American I wouldn't have it any other way.

    2. They're not suing their employer, because you're not employed if you don't get paid.

  77. Re:bye bye interns by Lunix+Nutcase · · Score: 1

    He thinks that corporations should be able to do whatever they want without constraint. He's nothing but a corporate whore.

  78. Degreed in Fantasy Economics and History by Uberbah · · Score: 1

    Corporations exist solely by virtue of Nanny State interference in the operations of the Free Market.

    Because for-profit ventures didn't exist before or independently of central governments looooong before Randians existed. Because Standard Oil wasn't an abuse monopoly during the Randian Golden Age of post Civil War to WWI. Because Monsanto and Lockheed Martin would fold up shop tomorrow if everyone went Galt and world governments disappeared.

    Because you guys are freaking Loony Tunes.

  79. 'the Database'? by HornWumpus · · Score: 1

    'the database'? WTF? Of course the intern doesn't work on a live database.

    The intern may download a free database engine and install it on their personal laptop. He/she may then frolick/wallow in the database with admin rights and can ask questions of experts while fetching their coffee. Perhaps the expert will allow them to install a real world database on their laptop as further education.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    1. Re:'the Database'? by Anonymous Coward · · Score: 0

      Of course the intern doesn't work on a live database.

      Of course, almost none of the full time employees actually touch the live database either, they all work on the test database and then pass off tested patches.

      The intern may download a free database engine and install it on their personal laptop. He/she may then frolick/wallow in the database with admin rights and can ask questions of experts while fetching their coffee. Perhaps the expert will allow them to install a real world database on their laptop as further education.

      And that is going way too far the other way. That isn't an internship, that is him playing with stuff he could do on his own time but just sitting some place different. We've had interns contribute plenty of code and work on the actual database system, via the test servers. Of course their code has to be checked by someone with more experience. That might not be the most "efficient" way of getting work done, but the point of the interns is not to replace an employee and get as much work as possible.

    2. Re:'the Database'? by HornWumpus · · Score: 1

      An intern playing with stuff (including on his own time) and having a expert to ask for help when he needs it is exactly an internship.

      Too many students come into internships thinking they will be like getting paid to attend a class.

      The point of internships is an extended job interview. Not so much what they get done as identifying the good ones while preventing the bad ones from wrecking the joint.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:'the Database'? by Anonymous Coward · · Score: 0

      No, by definition an internship is training centric. If you use it as an extended interview process, that is either an ancillary benefit, or you are being deceptive by calling it an internship (and potentially violating contracts if done for a school program). And while it is not like getting paid to sit in a class, since the whole point is to offer education from practical, real world work in contrast to classroom learning, that still requires that there is actually relevant tasks for them to do.

  80. gov gone wild by Anonymous Coward · · Score: 0

    People should be able to make their own choices. It's getting to the point where people can get sued after the fact for making a indy movie with volunteers or even accepting help to move to another apartment. Liberty is just fading away.

  81. Free society will break down by thegarbz · · Score: 1

    That may be true. But in a free society, they would have been paid exactly what they contracted for before they started the internship. The rights of the two parties to the contract would have had some significance, and a court would not come in later and overturn an agreement between two free people who voluntarily entered an agreement for legal activities.

    The problem with "free society" is the same problem as deregulation. People want a society free of government control without appreciation for the massive differences in bargaining power between people and corporations. In a truly free society there would be no minimum wages and everyone would be working for peanuts. I say this as someone who often has unemployed mature aged people come past my small shop front looking for work and offering to take on the same pay as some 15 year old, which is approximately half their minimum wage. It's a race to the bottom.

    Fortunately we don't live in a truly free society and a dramatically one sided contract is in legal terms "an unconscionable contract" and thus not enforceable, and if one side of the contract had already been fulfilled the legal system offers recourse to ensure both sides are treated fairly.

    I could sell you my house for $1. And I could also take you to court and likely get my house back (with legal expenses though so don't treat this as a literal example).

  82. Talk about biased by rex.clts · · Score: 1

    The article seems to imply that this might be the beginning of the end for the rampant abuse of unpaid internships.

    Nice summary. Obviously the OP has never heard of a good internship experience.

  83. menial tasks? by Anonymous Coward · · Score: 0

    Who are these interns fetching coffee, making copies, taking out the trash, etc? I don't know anybody who did such things in their internships. Most of the time they were used as cheap alternatives to contractors. The companies around my university could get an engineering or compsci student for $15/hr - $20/hr and have them do system administration, testing/qa, debugging, documentation, etc.

  84. EA: Car Crash Division? by DarthVain · · Score: 1

    Sounds like all the stories out of EA. Everyone wants to be a game dev. So with the popularity of the job, comes the exploitation of the worker.

  85. Obvious. by DarthVain · · Score: 1

    Because it is the lazy fat management types to do the laying off of course...

    When the org structure of the place you work at starts to look like an upside down pyramid, things have gone awry.

    Imagine a place like Innotech from Office Space where the reason you have 8 bosses, is because management actually outnumbers workers. As a worker, looking at management layoffs of workers in this regard, sometimes wonder, "OK who is going to do all the actual work now? Management?"