Unpaid Interns Are Employees, According to Federal Judge

06/17/2013 // Dallas, Texas, United States // (press release)
Employers must pay interns, unless specific factors are met. A recent news article warns that failure to do so may land an employer in an unwelcome wage and hour war. A federal judge recently ruled that two interns who worked on the film “Black Swan” were “employees” of the production company.

The interns worked from 2009 to 2010. Neither received pay or college credit for their work. They sued the company they worked for and its parent company under the Fair Labor Standards Act and New York labor laws. The interns alleged that their “employer” violated minimum wage and overtime laws by misclassifying them as unpaid interns. The interns also alleged that they were denied the benefits that employees typically receive, such as unemployment and workers’ compensation insurance and sexual harassment and discrimination protections. They seek class damages and an injunction to prevent the production company from using unpaid interns on film productions.

The federal judge handling the case acknowledged that the interns benefited by receiving valuable experience. But, he ruled that those benefits were incidental whereas the production company received the benefits of the interns’ unpaid work.

To speak to a Dallas, Texas business and employment lawyer, contact the Dallas business and employment lawyers of Rogge Dunn Group PC  at info@RoggeDunnGroup.com

Address: 500 N. Akard St., Suite 1900, Dallas, TX 75201
Phone: 214-888-5000
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