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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."

9 of 540 comments (clear)

  1. Re:Genius judge by intermodal · · Score: 5, Insightful

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

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  2. 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."

  3. 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.

  4. 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.

  5. 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.

  6. 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.

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  7. 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.

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  8. 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.

  9. 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).

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