Overtime Lawyer Blog

Despite recent efforts to clarify just when it’s acceptable to hire an unpaid intern, many workers – including large numbers of college students – report mistreatment and confusion surrounding the rules. In fact, news has reported on several high profile lawsuits concerning internships at Harper’s Bazaar and Fox Searchlight.

Remember – if you’re working at an unpaid internship it should be for your benefit and training and not the employers. In fact, many times internships may be to the detriment of the employer.

Before you accept an unpaid internship, it’s a good idea to talk with an experienced Georgia wage and hour attorney to ensure that you’re not being cheated out of the training and guidance you deserve.

So what are the rules surrounding workers rights and internships? The main rules come from the Fair Labor Standards Act (FLSA). The FLSA provides guidelines concerning what distinguishes an intern from an employee and entitled to pay.

These guidelines include:

• The employer must derive no immediate advantage from the activities of the intern;
• The internship must be for the benefit of the intern;
• An internship should not include tasks that would otherwise be assigned to paid employees; and
• An intern isn’t necessarily entitled to a job at the end of the internship.

Continue reading "When Must I Be Paid As An Intern?" »

A former intern at the Charlie Rose show has filed a wage and hour lawsuit based on alleged violations of state wage laws similar to the Fair Labor Standards Act (FLSA) that require employers to pay interns who perform certain types of work.

Before you accept a position as an “unpaid intern” it is a good idea to consult with an experienced Georgia wage and hour lawyer who can determine whether you are entitled to compensation for your work.

According to the lawsuit, Lucy Bickerton worked 25-hours a week at the show performing a variety of tasks including providing background research for Mr. Rose about interview guests, assembling press packets, escorting guests through the studio, breaking down the interview set after daily filming and cleaning up the green room. “Despite the significant work they perform, ‘Charlie Rose’ interns are not compensated for any of their work,” the lawsuit said.

A representative commented that “Systematic violation of federal and state laws that coverage internships appears all too common at some media companies. More and more unpaid interns are standing up for their right to earn a wage for their work.”

Further, many employers who use unpaid internship are violating federal and state laws by having them do the jobs of employees without paying them for their work.

Internships are designed to be an educational experience that provides training – unpaid internships are only lawful in the context of a training program under which it’s possible that an employer doesn’t derive any benefit. It most situations where interns take the place of regular workers, they must be treated as employees and be paid.

Continue reading "Unpaid Intern At Charlie Rose Show Files Wage And Hour Lawsuit" »

With spring approaching and summer not far off, employers and students begin thinking about summer jobs, including summer internships. Many employers have gotten in trouble for using “unpaid interns” as a way around paying hard working employees the wages they are entitled to. The good news is that employers are slowly recognizing that strict rules exist concerning when it is fair to offer an unpaid internship and that it may be a violation of the federal fair Labor Standards Act (FLSA) if they fail to pay adequate wages. According to a recent report although fewer internships may be offered, it’s more likely that they will be paid.

Before you look for an unpaid internship, or entry-level job, it is important to understand a few basic rules about what type of position may be properly categorized as an unpaid internship and when your employer is required to pay you for your work.

If you have any questions, it is always a good idea to consult with an experienced Atlanta wage and hour attorney to answer your wage and hour questions and ensure you receive the compensation you are entitled to.

The Department of Labor sets forth specific rules concerning when an internship can be unpaid. For example, where an internship is unpaid, the company must provide the individual training – the intern cannot just be working to benefit the company. In some cases, the employer may not derive any advantage from the activities of the intern; and on occasion its operations may actually be impeded. Additionally, it’s important that an intern not displace regular employees, but works under close supervision of existing staff.

Continue reading "Unpaid Internships May Violate The FLSA" »

A recent unpaid intern lawsuit filed in New York raises issues that every intern should be aware of including, when should I be paid?

The New York unpaid intern case involves a former intern who worked for the magazine Harper’s Bazaar. She has sued the magazine’s publisher, Hearst Corporation, for violations of the Fair Labor Standards Act (FLSA). Specifically, she asserts that her internship violated the FLSA because she was not paid. Accordingly to the lawsuit, she worked at least 40 hours a week, and sometimes as much as 55 hours/week without receiving pay or overtime wages.

The FLSA provides that all employees must be paid minimum wage and all non-exempt workers who put in more than 40 hours in a work week are entitled to overtime compensation at a rate of one and one-half times their standard rate of pay. The laws are different for internships, allowing for some “unpaid internships,” but the work relationship must meet very specific criteria or the employer may be found guilty of violating federal and state labor laws. If you have questions concerning an internship or any other concern regarding your pay, consulting with an experienced Atlanta wage and hour attorney is important to ensure you receive the pay you deserve.

As stated in the lawsuit “unpaid interns are becoming the modern-day equivalent of entry-level employees, except that employers are not paying them for the many hours they work. Employers' failure to compensate interns for their work, and the prevalence of the practice nationwide, curtails opportunities for employment, fosters class divisions between those who can afford to work for no wage and those who cannot, and indirectly contributes to rising unemployment."

Continue reading "When Is An Unpaid Internship Illegal?" »