Are Interns Abused: Their Right to Minumum Wage and Overtime Pay

  

  

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Lately, there has been a crack down on internship abuse by the Federal Department of Labor and many states such as California, New York and Oregon.  The recession has created a unique climate for abuse because many companies need to lower costs and there are now thousands of eager young college students clamoring for a chance to get real world work experience.   As a result, many companies recruit interns with the prospect of educational and career experience but what the interns get instead is forced drudgery and no pay.   See the New York Times article on this subject.  

Many corporate internships are unpaid - the interns believe they will get a genuine resume building experience but instead wind up packing boxes or shinning door knobs.  Normally, employees must be paid minimum wage and overtime pay.   But the free interns are not protected - they work for free. 

Proponents of the free internship programs claim that it is a great opportunity for students and employers alike.   But others believe that the unpaid internships are grossly unfair because only well heeled students can afford to work for free and the free programs are rife with abuse.   See The Harvard Political Review article "Weighing In: Are Interns Slaves?  

The free internship party is now over as government agencies are targeting these programs.  Now, companies can only offer free internship programs if the program meets a rigorous six part test developed by the U.S. Department of Labor’s Wage and Hour Division.   The goal is to prevent companies from converting internship programs into forced free labor and to instead ensure that the programs are truly educational training programs.  

As for the interns, they stand to recover back pay for all of those hours worked - they are entitled to be paid for their work and now they have the legal right to recover that pay.