NYC Mayor Bill de Blasio signs intern anti-discrimination bill into law

10173536_481095122017822_3069944854523659730_nOn Tuesday, April 15th, NYC Mayor Bill de Blasio signed Intro 173-A into law, legislation that is claimed to protect unpaid interns from sexual harassment and other forms of discrimination in the workplace. According to Councilman James Vacca (D-Bronx), the bill’s sponsor, “The legislation was intended to put unpaid interns on equal footing with the paid employees they work with.” While this was a promising step towards addressing intern labor concerns, the bill’s current language lacks the inclusivity its proponents are celebrating. Specifically, it defines an intern as “an individual who performs work for an employer on a temporary basis whose work: (a) provides training or supplements training given in an educational environment such that the employability of the individual performing the work may be enhanced; (b) provides experience for the benefit of the individual performing the work; and (c) is performed under the close supervision of existing staff.” A rising volume of lawsuits indicates that a number of existing internships likely may not meet these qualifications.

1979567_481097255350942_5311363227437848678_n

Given these shortfalls, members of Intern Labor Rights attended a public hearing at City Hall to voice concerns and proposals for amendments of the bill. They urged Mayor de Blasio to reconsider its provisions prior to approval, in an effort to extend protections to precarious workers who may otherwise be unaccounted for under the bill’s narrow definition of the term “intern”. Similar opposition and suggestions were offered by attorney Craig Gurian. “Would it really be OK for a hospital to tell a prospective volunteer, ‘Sorry, we only take whites,’” he argued. “Or to say, ‘Thanks for helping us out, but by the way, you’re going to be sexually harassed every Wednesday and Friday,’” he added.

1800473_481097268684274_1838377435352869870_n

Both Intern Labor Rights and Craig Gurian had previously attended the City Council Meeting in March 2014, encouraging the council to re-evaluate Intro 173-A before passage. Despite this, the City Council approved the bill on March 26. Mayor de Blasio followed suit and quickly voiced approval of the legislation immediately after public testimony.

Intern Labor Rights recognizes that this is undoubtedly a significant step towards achieving workplace protections for unpaid interns. Aside from Oregon and Washington, DC, New York City is the only other region to have legislation addressing intern discrimination. Furthermore, several council members in attendance did acknowledge the possibility that more would have to be done to ensure that all New Yorkers are protected from workplace discrimination, regardless of title and compensation.

Given that the bill is now law, Intern Labor Rights proposes the following steps moving forward:

The City should be proactive in holding employers accountable to the criteria of the Department of Labor’s Fact Sheet #71. The new law currently covers unpaid interns who meet the first three of these six criteria. Those unpaid interns in the for-profit sector would be guaranteed the “bona fide training experience that supplements an education”, in addition to being covered by this law. Moreover, internships not meeting such criteria would have to be paid, thus making those interns “employees” covered by current labor laws.

The City Council should revise the language of the bill to cover all individuals in a workplace environment. There are many internships in the non-commercial sector that, despite being unable to meet the criteria of Fact Sheet #71, are still considered legal by many, as they qualify as legitimate volunteerism. Individuals in those situations will remain unprotected by the new law. Furthermore, this bill’s focus on (qualified) interns ignores those in a workplace who may not be interns at all, such as volunteers, unpaid assistants, and undocumented workers. While we think all work should be compensated fairly, we think the least the city could do is extend the protections of this law to those nontraditional workers by revising its language.

To read our official response to the council upon passage prior to the Mayor’s approval, please visit here.

To read our letter to Mayor de Blasio and sign our petition calling for an end to intern wage theft and discrimination, please visit here.

 

We meet next on Sunday, April 20, 2014, 5:30pm

It’s been another week of leaps forward in the struggle to get interns recognized as employees! Did you see the objections raised by members of Intern Labor Rights when NYC Mayor de Blasio signed into law an intern anti-discrimination protection bill (Why did we object? read up here)? If you missed it, view the press recaps here and here. Did you catch up on the Department of Labor’s statement on behalf of interns? And most importantly – did you sign our petition calling on Mayor de Blasio to put an end to wage theft and discrimination for *all* interns in NYC?

We have come so far, but there is still so much to be done! If you want to get to know us, get involved in our actions, or simply want to share your internship experience with a group of like-minded people, stop by one of our upcoming weekly meetings. The next one will take place this Sunday, 5:30-7pm, at the Goethe Institute (5 East 3rd Street, just off the corner of East 3rd and the Bowery – NOTE: This is not the main Goethe Institute building). Our meetings are very informal and we are always happy to welcome new people.

See you Sunday!

deBlasio bill

Department of Labor steps up to the plate – files an Amicus Brief in support of interns

This week marked a significant moment in the national effort to classify interns as employees. The Department of Labor’s six-point test (issued in 2010)  has been referenced in the courts to determine if an intern should qualify as an employee under the Fair Labor Standards Act (FLSA). This test was also used in a suit filed in February 2012 by Xuedan “Diana” Wang against Hearst Corp. In the lawsuit, Ms. Wang claims that as an unpaid intern at Harper’s Bazaar magazine, she frequently worked over 40 hours a week. U.S. District Judge Harold Baer denied a class certification for this lawsuit and rejected the interns’ bid for summary judgment on their status as “employees” under the FLSA and New York Labor Law. The interns appealed this denial and in November 2013, the Second Circuit gave them the go-ahead to pursue their appeal.

On April 8, 2014 the DOL filed an amicus brief in the Court of Appeals in support of the Hearst interns, stating that Judge Baer applied the wrong test to determine if the interns should be qualified as “employees” under labor law. This is the first instance where the DOL took a public stance since issuing the six-point test, and since the start of the wave of lawsuits brought forth by interns. The brief stated:

“Instead of utilizing the department’s long-standing, objective test, the district court adopted a more subjective ‘totality of the circumstances’ test that necessarily makes it more difficult for both employers and interns, as well as courts, to determine whether interns are employees entitled to the protections of the FLSA”

It goes on to encourage the Appeals Court to adopt the strict six-point test:

“[T]he Department’s test stands in stark contrast to a “totality of the circumstances” or “primary benefit” test, which would introduce subjectivity into the analysis and invite inconsistent results.”

The brief also directly references the current widespread practice on unpaid internship programs and its direct link to the inherent difficulties to entering the job market today:

“The Department’s test is also an important backstop to ensure that this very limited trainee exception to the FLSA’s broad coverage is not unduly expanded, particularly in difficult economic times when employers are eliminating paid staff positions and the promise of free labor is both tempting and available.”

Finally:

“Nothing in the FLSA or in Portland Terminal suggests that for-profit employers should be permitted to circumvent their obligation to compensate individuals who are performing productive work by categorizing entry-level or temporary workers as interns or trainees. In fact, the Supreme Court made the opposite observation in Portland Terminal, stating that it is “[w]ithout doubt the [FLSA] covers trainees, beginners, apprentices, or learners if they are employed to work for an employer for compensation.” Portland Terminal, 330 U.S. at 151 (citing 29 U.S.C. 214(a)). Thus, the Department’s test excludes from the protections of the FLSA only those trainees or interns who are receiving bona fide training that is for their own benefit, and who receive the training under such close supervision that their efforts do not provide the employer with the productive work that it receives from its regular employees.”

You can read the brief at ProPublica, and find additional coverage here and here.

Our next meeting is Sunday, April 13th, 5:30pm

Have you been following the recent legislature proposed by NYC City Council, the Department of Labor intervening on behalf of Heart Interns,  or the latest  groups who are finally making an effort to pay their interns?

And have you signed and shared our petition to Mayor de Blasio demanding a fair wage for interns?

Come join us in another discussion exploring these rising initiatives to address the state of the intern economy!

We will meet again on Sunday, April 13th at 5:30pm at the Goethe Institute (5 East 3rd Street, just off the corner of East 3rd and the Bowery – NOTE: This is not the main Goethe Institute building).

Everyone is welcome to come to our meetings! Our meetings are informal and are structured by collective dialogue and action. We hope you can join us as the momentum picks up towards the intern rights revolution!

See you Sunday!

 

IMAG2251

Tagged , , ,

Our next meeting is Sunday, April 6, 5:30pm

Did you fall for our April Fools hoax? Or maybe you saw the letter we sent to NYC Mayor Bill de Blasio demanding a fair wage for interns?

Whether you’ve been admiring us from afar or have stopped by a meeting in the past – this is the time to join in on the intern rights revolution!

We will meet again on Sunday, April 6 at 5:30pm at the Goethe Institute (5 East 3rd Street, just off the corner of East 3rd and the Bowery – NOTE: This is not the main Goethe Institute building).

Any and all should feel comfortable to come by – our meetings are informal and we have new people joining in almost every week.  Stop in to learn more about how you can become a part of this exciting time in the fight for fair internships.

See you Sunday!

IMAG2251

Intern Labor Rights’ Letter to Mayor De Blasio Regarding Internships in New York City

IMAG2251Today Intern Labor Rights is sending a letter to Mayor Bill de Blasio, who can take immediate action to address issues of intern wage theft and harassment in New York City, and set a precedent for local governments nationwide. If you agree with our requests and would like to publicly co-sign with us, please see instructions below the text of this letter.

Dear Mayor de Blasio:

Every year thousands of young people show up at their jobs in New York City, committed to working hard and learning the skills necessary to advance careers in the city’s many vibrant industries. Yet many find themselves shut out of opportunity[1], exploited[2] and vulnerable to harassment[3]. They are unpaid interns—on the losing end of an exploitative practice.

It may come as a surprise to many who have had what they consider positive experiences working with unpaid interns to learn that the practice has become a cover for billions of dollars of wage theft annually[4]. A combination of forces have contributed to this phenomenon: a historically challenging job market for young adults[5]; the brazenness with which employers substitute paying jobs with internships in violation of federal and state labor law[6]; the under-enforcement of existing laws by under-resourced agencies[7]; the complicity of universities, whose policies fail to account for the effect of unpaid internships on the labor market and often facilitate violation of labor laws[8]; and even the unwitting endorsement of the practice by well-meaning policy makers and employers who themselves may comply with the law but fail to see how this unregulated term[9] has amounted to a blank check in the form of free labor. Many are surprised simply to learn that there is no requirement in law or practice that interns be college students. Indeed, in many industries it is likely that the vast majority of unpaid interns are not students at all, but rather ordinary workers accepting such unpaid positions as the “new normal” at the bottom of the career ladder.

Mr. Mayor, let’s make New York City the first city in the United States to eliminate unpaid internship wage theft and begin creating a school-to-work transition that reduces income inequality, improves prospects for a truly diverse and representative workforce, respects the dignity of work and the value of labor, and shows the rest of the country that both employers and employees benefit from a higher standard. To that end, we make the following calls to action:

  1. New York City’s offices and agencies, the companies it contracts, and the organizations engaging City and City-financed resources[10] should cease hiring unpaid interns or other unpaid workers. Everyone working for the City of New York, its contractors, and City-supported organizations should be paid at least a living wage.[11]
  2. New York City should take affirmative steps to improve compliance with current labor laws and to crack down on widespread violation of both the federal 6-point trainee test[12] and New York State’s stricter 11-point test[13]—the standards by which a bona fide trainee is deemed not an employee.[14]
  3. New York City should work with Albany to implement a higher legal standard, improving both opportunity and protections for thousands of New York City workers who are currently excluded from full participation in the economy. New York Labor Law should be amended to recognize interns as employees, effectively ending unpaid internships as the practice is currently conducted by requiring employers to pay wages to all interns. New York Human Rights Law should be amended to extend sexual harassment and other anti-discrimination protections to all interns, volunteers, and anybody at worksites otherwise not covered by their status as employees—notwithstanding the recent partial extension of such protections to some unpaid interns by New York City Council bill Intro 173-A, passed March 26.

We look forward to working with you now and in the future.

Sincerely,

Intern Labor Rights

(click for PDF version)

We urge anyone, individuals or organizations who support us (and who practice fair internships!), to co-sign. You can add your name by signing our petition at this link (there is an option to sign anonymously if preferred).

References


1. Class of 2013: Paid Interns Outpace Unpaid Peers in Job Offers, Salaries, NATIONAL ASSOCIATION OF COLLEGES AND EMPLOYERS (May 29, 2013), http://www.naceweb.org/s05292013/paid-unpaid-interns-job-offer.aspx (May. 29, 2013) (“Results of NACE’s 2013 Student Survey show that 63.1 percent of paid interns received at least one job offer. In comparison, only 37 percent of unpaid interns got an offer; that’s not much better than results for those with no internship—35.2 percent received at least one job offer.”).
2. Press Release, Intern Bridge 2012 National Internship Salary Survey Results to Be Released, PRWEB (Feb, 7, 2013), http://www.prweb.com/releases/internbridge/02/prweb10400332.htm (“64.1% of students need to work second jobs when working an unpaid internship experience, and only 45% of students were able to work more than 30 hours per week in their internships, due in part to the fact that many of them had to work separate jobs just to keep them financially stable.”).
3. See Venessa Wong, Unpaid Intern Is Ruled Not an ‘Employee,’ Not Protected From Sexual Harassment, BLOOMBERG BUSINESSWEEK (Oct 8, 2013), http://www.businessweek.com/articles/2013-10-08/unpaid-intern-not-an-employee-not-protected-from-sexual-harassment.
4. Ross Perlin, INTERN NATION 124 (1st ed. 2012). (“Using up-to-date, but still conservative figures (500,000 unpaid interns at the 2010 federal minimum wage), the money that organizations save through internship approaches $2 billion annually.”)
5. Jaison R. Abel, Richard Deitz & Yaqin Su, Are Recent College Graduates Finding Good Jobs?, FEDERAL RESERVE BANK OF NEW YORK, 2o, CURRENT ISSUES IN ECONOMICS AND FINANCE, (2014) at 1, available at http://newyorkfed.org/research/current_issues/ci20-1.pdf (last visited Apr. 1, 2014) (“Our analysis reveals that, by historical standards, unemployment rates for recent college graduates have indeed been quite high since the onset of the Great Recession. Moreover, underemployment among recent graduates—a condition defined here as working in jobs that typically do not require a bachelor’s degree—is also on the rise, part of a trend that began with the 2001 recession.”).
6. See Stephen Suen & Kara Brandeisky, Tracking Intern Lawsuits, PROPUBLICA http://projects.propublica.org/graphics/intern-suits (June 25, 2013) (showing that as of Oct. 8, 2013, update, in New York City over twenty state and federal wage theft lawsuits have been filed by such unpaid workers, many as class actions).
7. Gordon Lafer, The Legislative Attack on American Wages and Labor Standards, 2011–2012. ECONOMIC POLICY INSTITUTE, BRIEFING PAPER #364 (Oct. 31, 2013) at 29, available at http://s4.epi.org/files/2013/EPI-Legislative-Attack-on-American-Wages-Labor-Standards-10-31-2013.pdf (last visited Apr. 1, 2014) (“When the federal minimum-wage law was first established in 1941, there was one federal workplace inspector for every 11,000 workers. By 2008, the number of laws that inspectors are responsible for enforcing had grown dramatically, but the number of inspectors per worker was less than one-tenth what it had been in 1941, with 141,000 workers for every federal enforcement agent. With the current staff of federal workplace investigators, the average employer has just a 0.001 percent chance of being investigated in a given year. That is, an employer would have to operate for 1,000 years to have even a 1 percent chance of being audited by Department of Labor inspectors.”)
8. Good Steps Against Unpaid Internships, Editorial Board of the N.Y. TIMES, (Mar. 9, 2014) at A20, http://www.nytimes.com/2014/03/10/opinion/good-steps-against-unpaid-internships.html (“Those credits did not count toward a degree, and mostly functioned as a fig leaf for employers, who could pretend that the credit somehow justified not paying for a student’s work.”).
9. Perlin, supra note 4, at 23 (“[T]he very significance of the word intern lies in its ambiguity.”).
10. E.g., Productions participating in the Made in NY “Mark of Distinction” program in the Mayor’s Office of Film, Theatre & Broadcasting; the classified ad jobs board run by the New York Foundation of the Arts, which receives funds from the City’s Department of Cultural Affairs; for-profit organizations using unpaid volunteers for events in City parks, such as the GoogaMooga food event in Prospect Park.
11. Unpaid interns should be included in any living wage executive orders. See Jill Colvin, De Blasio Moves to Expand Living Wage With Executive Order, NY OBSERVER (Feb. 10, 2014), http://observer.com/2014/02/de-blasio-moves-to-expand-living-wage-with-executive-order.
12. See Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act, U.S. DEP’T OF LABOR, WAGE AND HOUR DIV. (Apr. 2010) available at http://www.dol.gov/whd/regs/compliance/whdfs71.htm.
13. See Wage Requirements for Interns in For-Profit Businesses, N.Y. STATE DEP’T OF LABOR, available at  http://www.labor.ny.gov/formsdocs/factsheets/pdfs/p725.pdf (last visited Apr. 1, 2014).
14. E.g., establishing a hotline and web service to report working conditions or advertisements for positions that appear out of compliance with the law; conducting an awareness campaign among employers, employees, students and universities; creating a reporting requirement of intern-engaging employers so the City can begin collecting much-needed data.

For April Fools, Join the Movement Against Unpaid Internships with ILR!

APRIL FOOLS: We don’t think hiring an unpaid intern is actually the best route forward. But feel free to get in touch or come by our weekly meetings if you are interested in joining the all-volunteer group!

Towards the intern revolution!

Towards the intern revolution!

Maybe you saw Intern Labor Rights organizer Dedunu Suraweera’s inspiring story on PolicyMic. Maybe you decided you’d had enough after another summer of getting your supervisors coffee instead of actually learning about your field. Maybe you just can’t afford to work for free, and the message to you was always clear: Interns of the world, unite against unpaid internships!

Lucky for you, Intern Labor Rights is expanding, and if you’re interested in joining the growing intern movement, you should apply to be an Intern Avenger! This valuable experience will put you squarely in the center of the exciting movement to end unpaid internships and create a just intern economy: We’re hoping to find someone who can meet these standards:

  • Available 2-3 days a week, during normal working hours
    • Candidate should own a smartphone/otherwise be reasonably responsive to off-hours communication
  • Willing to do important movement work: social media, advocacy, coordinating meetings, handling set-up and break-down of events
  • A serious attitude towards organizing – we want love an activist who’re willing to roll up their sleeves and do the work, so to speak
  • Fluency in Microsoft Office, WordPress, Drupal, Joomla, Adobe Illustrator, Photoshop, InDesign, After Effects, Premier Pro, Keynote, Final Cut Pro, DreamWeaver, CSS/HTML, Java, Javascript, PHP, SQL, Ruby, Python, C++, SketchUP, AutoCAD, Revit, and SolidWorks is a big plus!
  • Most importantly, we want someone committed to the values of social justice and passionate about ending unpaid internships!
  • At least two years of relevant organizing experience and a bachelor’s degree are preferred

For students, academic credit is available if arranged with an educational institution beforehand. We want this to be a real learning experience!

If this sounds like the position for you, send an email to Rosa Parlin, hiring coordinator, with a résumé and brief cover letter detailing why you think you’d be a great Intern Avenger. Please include “Intern Position” in the title of the email!

Women, people of color, and people from low-income backgrounds are strongly encouraged to apply.

Tagged , ,

Intern Labor Rights Response to NY City Council Amendment to Protect Interns from Sexual Harassment and Discrimination

On March 17, 2014, the New York City Council’s Committee on Civil Rights held a hearing to discuss and invite public comment on bill Intro 173-A, introduced by Council Member James Vacca and Manhattan Borough President Gale Brewer, which aims to extend to unpaid interns workplace protections against sexual harassment and other forms of discrimination under the New York City Human Rights Law. Activists from Intern Labor Rights (ILR) along with other advocates, interns and lawyers were present at the hearing and gave individual statements regarding the proposed legislation, urging the Council to use broader language than in the original draft. Yesterday, March 26, the Council passed the bill, without using the broader language suggested by ILR and those sharing our concerns, which would have covered thousands more interns, volunteers, and others working without financial compensation in New York City. We urge Mayor de Blasio not to sign this bill into law, but rather to send it back to the Council for strengthening.

While Intern Labor Rights applauds the New York City Council for their efforts to address the precarious and unprotected position of interns in the workplace, we feel strongly that this law will not solve the issues it purports to address, specifically:

  • The new law would not extend protections to interns who do not fit the narrow definition of an “intern” that the Council included in this bill, something done nowhere else under the law. By defining interns in a manner that employers themselves do not adhere to, thousands of New York City interns will see no new protections through this bill. Once an internship arrangement fails one of the definitional terms (e.g., it is not temporary, not for the benefit of the intern, not supplementing training or education, not enhancing employability, not under close supervision), an intern might not be covered.
  • Over 30 class action, state and federal lawsuits have been filed over work done by New York City interns claiming that their employers failed to adhere the very same kinds of conditions that the Council’s bill would require claimants to prove did not exist before these new protections would apply. With this bill, a harassed intern would be forced to make a tough choice: either prove they are covered by this new protection (by effectively demonstrating that they are not an employee, thus foregoing any potential wage and hour claims), or prove first that they are an employee due wages and then subsequently prove they were harassed in violation of their already-existing rights as an employee. This would be a complex, costly, time-consuming path to justice; furthermore, it already exists as a theoretical protection but has never even been attempted, let alone successfully litigated.

In short, this places far too heavy a burden on unpaid interns who find themselves harassed or otherwise discriminated against at their workplaces. In such vulnerable circumstances a victim’s rights should be clear, not confusing. We therefore propose that Mayor de Blasio veto this bill and instead urge the Council to pass a new bill with the following language:

  • Section 1.  Section 8-102 of chapter one of title eight of the administrative code of the city of New York is amended by adding new subdivisions 28 and 29 to read as follows:
  • 28. For purposes of section 8-107, and section 8-107.1 of this title, an individual participating in an internship or training program, or working as a volunteer is considered to be a “person” as defined in subdivision 1 of this section.
  • 29. For purposes of section 8-107, and section 8-107.1 of this title, the definition of “person” as defined in subdivision 1 of this section includes individuals who work without financial compensation.

Being protected from sexual harassment and discrimination is a human right, and should be written into law in a manner that applies to everyone. We urge Mayor de Blasio and the City Council to push further in their efforts to protect interns in the workplace.

(click for PDF version)

Dedunu Sylvia, Peter Walsh liked this post

Next Meeting is Sunday, March 30, 5:30pm

What a week! On Tuesday the NY Times announced it will begin paying interns, on Wednesday Tribeca Film followed suit, and the NY City Council passed a bill extending workplace protections to unpaid interns (though we have a lot to say about the language of the law…stay tuned)!

These are all encouraging signs that the movement to recognize interns as employees is expanding, and that our message is beginning to resonate. But there is still a lot of work to be done, so why not join us and see how you can help?

We meet next this Sunday, 5:30-7pm, at the Goethe Institute (5 East 3rd Street, just off the corner of East 3rd and the Bowery – NOTE: This is not the main Goethe Institute building). Our meetings are casual and we are always happy to welcome new folks.  Stop by to share your experiences and learn more about how you can get involved!

See you Sunday!

PyiHeartsMedium

Peter Walsh liked this post

Next meeting – Sunday, March 23, 5:30pm

Excited to hear about the City Council meeting this past Monday discussing extending workplace protections (including sexual harassment and discrimination) to interns? Are you trying to make sense of the intern economy? Or are you simply tired of for-profit and non-profits businesses and organizations relying so heavily on unpaid labor, and want to do something about it?

Join us this Sunday, 5:30-7pm, at the Goethe Institute (5 East 3rd Street, just off the corner of East 3rd and the Bowery – NOTE: This is not the main Goethe Institute building) to discuss these issues and learn how you can enact change.

Our meetings are informal and we are thrilled to welcome new people at any time.  Come share your experiences and learn more about how you can get involved!

For questions, please email us at intern.labor.rights@gmail.com.

See you Sunday!

citycouncil

@InternLabor

https://www.facebook.com/InternLaborRights

Intern Labor Rights liked this post