Laura Tucker
The fight against unpaid internships continues this year with a growing number of interns looking to sue companies for unpaid work experience. And, despite the fact that many unpaid internships where the intern takes on real work are in fact unlawful in countries including the UK and the US, many employers apparently remain blissfully ignorant of the illegality this free labor.
Unpaid internship laws
In the UK it is a legal requirement to pay interns who count as ‘workers’, a worker being someone who does regular work for an employer under a contract or some other agreement regardless of whether the work is called an ‘internship’, ‘work experience’ or otherwise.
In the US the internship laws are a little more specific and, according to the US Department of Labor, unpaid internships at profitable companies are permissible as long as they follow a certain criteria. However, some would suggest the criteria are more than a little nonsensical (see final bullet).
- The internship must be similar to the training attained in an educational environment.
- The intern is not to provide replacement or cover of regular employees, but should work under close supervision of existing staff.
- The internship should benefit the intern, not the employer.
- The intern’s role is both impermanent and unwaged.
- And the most confusing point of all: the employer should not gain immediate advantage from the intern’s work and the company’s daily workload may even be hampered for the intern’s benefit.
The problem with this ruling is that if the company – by law – is not supposed to get anything out of hiring an unpaid intern, then why bother at all?
The rally for change of internship laws comes from all angles. Companies may still want free or cheap labor but it’s also certain that they would like their interns to actually help out in some capacity – and to pay for this work doesn’t seem like too much to ask. Students of course, want paid internships because then at least the ‘experience’ is financially viable, both in and outside of their studies.
Momentum is definitely building in the fight against unpaid internships. Some former interns, incensed by the way they were treated during internships and rallied by other claimants, have attempted to sue for back pay. This happened late last year in the US in a case against Condé Nast and resulted in the company ending their internship program altogether – an extreme response that has put an end to a valuable launch pad for hundreds of aspiring journalists.
Recently however there have been some promising signs of increases in opportunities for paid internships. In the US, thousands of students fed up of working for nothing have begun to use a new service called
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