Unpaid Interns Sue for Back Pay
by STEVEN GREENHOUSE
New York Times
September 28, 2011
Two interns employed by the hit movie “Black Swan” are suing for back pay in a direct challenge to the industry’s practice of hiring
unpaid interns. The lawsuit asserts that the production company violated minimum wage and overtime laws by hiring dozens of unpaid "interns."
The lawsuit claims that Fox Searchlight Pictures had interns do menial work on the film, but did not provide any educational experience as required by labor rules.
Fox Searchlight routinely uses unpaid interns as production assistants, bookkeepers and secretaries. The lawsuit says that by "misclassifying many of its workers as unpaid interns, Fox Searchlight has denied them the benefits that the law affords to employees.”
Workplace experts say the number of unpaid internships has grown in recent years, in the movie business. The lawsuit seeks class-action status for more than 100 unpaid interns on various Fox Searchlight productions. In addition to seeking back pay under federal and state wage laws, the lawsuit seeks an injunction barring Fox Searchlight from improperly using unpaid interns in the future.
Movie companies have defended their use of unpaid interns, claiming internships are educational, highly coveted and an important way for young people to break into the industry. Adam Klein, a lawyer for the plaintiffs, said this would be the first of several lawsuits that seek to fight these internships. “Unpaid interns are usually too scared to speak out and to bring such a lawsuit because they are frightened it will hurt their chances of finding future jobs in their industry,” he said. Mr. Footman said he was sticking his neck out because “I hope this case will hold the industry to a higher standard and will get rid of this practice.”
Mr. Greenhouse has previously written about unpaid interns.
His April 4, 2010 NY Times article can be downloaded from reelgrok's files.
The United States Department of Labor Fact Sheet on Intership Programs provides
the government's position on hiring interns.
The original NY Times article can be read in its entirety online.
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