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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."

2 of 540 comments (clear)

  1. 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."

  2. 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..."