While the mainstream press is professing some shock at the decision, most employment lawyers saw this as inevitable. As one blogger, Philip Miles, stated, it’s just “difficult for unpaid internships to be FLSA-compliant”.
Tuesday, November 05, 2013
Black Swans and Trojan Horses: Why That Internship Program May Not Be Legal
While the mainstream press is professing some shock at the decision, most employment lawyers saw this as inevitable. As one blogger, Philip Miles, stated, it’s just “difficult for unpaid internships to be FLSA-compliant”.
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After reading the multiple articles posted on the Green Page regarding this issue, I feel very conflicted. I have always had the attitude that unpaid internships can both be good and bad. It really depends on the specific internship and person who is seeking the internship. I completely agree that it should not be legal for companies to have unpaid interns replace or work in a position where a paid employee would have otherwise occupied. Companies that are having unpaid interns work in real positions are playing the system. However, at the same time, I think that unpaid internships are an important part of education, and students and other young people would struggle to break into their aspired industries without them. For example, many theatre companies offer unpaid internships. In most cases, theatre companies are not able to offer wages to their interns because the money is already being spent elsewhere. If unpaid internships were altogether banned, many aspiring theatre students would have a harder time breaking into the industry. Also, one of the articles described how getting fired from an unpaid internship is not a huge deal since you are not being paid in the first place. However, I would completely disagree with this, as developing relationships and contacts in the industry is something that is invaluable when entering the work force.
"Companies were willing to take on interns as a sort of community service as well as the ability to get some of grunt work done for free. Though the latter has been illegal for a very long time, it’s mostly ignored. Now, it can’t be." That comment hits the nail squarely on the head. The grunt work that interns do for their companies without pay is both illegal and ignored - and it's a problem that this will no longer be the case? Absolutely not! If college students want experience, they can volunteer for a company since, of course, there's not a single company out there who would say no to free grunt work. But it's the label that is attached to these interns that is the problem. A volunteer knows what he or she is getting into, understands that there will be no payment except a good feeling in the heart and maybe some acquired knowledge along the road. But an intern is doing somewhat skilled work for the company, and as many are poor college students trying to make it through school, it is heartless not to pay them for their work. I am glad this case turned out the way it did - those complaining companies are finally being forced to do the right thing.
I'm a fan of internships. They teach you things, you help them do things, it's all great. And sometimes you get paid! ... And sometimes you get overworked and mistreated and need benefits they refuse to offer because you're basically a volunteer and they don't have to because you're just doin' it for free.
So let's put it this way. Other industries will clearly pay you for a summer of work. Why can't theatre? Well, "we can't always afford it" is a good argument. But if you can't afford to pay your interns, are you really choosing to get free labor in an attempt to exploit the less experienced? If you can just barely afford to pay your full-time employees, your company is clearly not in a position to take on more work. I understand many students' perspective of "what else would the companies do" but this is at least in part a historical argument that helped to fuel the creation of unions and committees that argue for the worker because a single person is unable to present that influence. What if we had a student union? Do you think this would still be the case for theatrical interns? I certainly don't.
Frankly, I think we're just used to being denied the right to payment. It's okay because this is how it's always been. So I'm glad that this case looks like it will change that. Unfair treatment of skilled labor should not be exploited.
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