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Governor Cuomo, Enforce the Labor Law!

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On September 17, 2014 Intern Labor Rights joined workers at a rally calling for the New York State Department of Labor to enforce its own guidelines to protect workers from wage theft.

Join us at the next monthly protest! Details at intern.labor.rights@gmail.com

The following is a transcript of ILR’s public statement at the rally:

We are proud to stand side by side with all of you, including workers
from the Indus Valley restaurant,
from the National Mobilization Against Sweatshops,
from the Chinese Staff & Workers Association,
from the Flushing Workers Center,
from the National Center for Law and Economic Justice,
from the Coalition for a Real Minimum-Wage Increase,
and all the other groups and workers who have turned out today!

Each year in New York State tens of thousands of young people take on unpaid internships, hoping and believing that they will gain the training necessary to get jobs and begin their careers. The vast majority find themselves untrained and exploited. They are the victims of Wage Theft!

Governor Cuomo! Enforce the labor law!

I’m holding here in my hand a copy of the New York State Department of Labor’s own guidelines on unpaid internships at For-Profit Businesses.

What do the guidelines say?

They say that the vast majority of these interns are workers who have been misclassified as trainees.

What do the guidelines say?

They say that the New York State Minimum Wage Act and Wage Orders and the federal Fair Labor Stands Act require all workers to be paid at least a minimum wage. Yet the Department of Labor does nothing to hold businesses accountable – and many of them are large, profitable multi-national corporations.

Governor Cuomo! Enforce the labor law!

Recently, a young woman sued the David Letterman Show for back wages she was owed for the time she worked unpaid on his television show. This week, she withdrew her lawsuit.

Is that because she wasn’t owed back wages? No! She earned and deserves those wages.

She withdrew because she was frightened and intimidated. People were attacking her online.

How is it that an individual worker can be allowed to be intimidated simply for asking for the wages she earned? It’s because the New York State Department of Labor doesn’t step up to enforce the law on workers’ behalf.

Governor Cuomo! Enforce the labor law! Investigate the David Letterman Show. Make Letterman pay the back wages of all his unpaid interns!

Last year here in Manhattan, Federal Judge William H. Pauley III of the United States District Court in the Southern District of New York, ruled on behalf of a group of unpaid interns who worked on the movie “Black Swan.” It was a big hit, raking in hundreds of millions of dollars in revenue yet some of the workers on the movie were not paid for their hard work.

I’m holding a copy of the judge’s ruling here in my hand. Here’s some of what Judge Pauley said: The plaintiffs “were classified improperly as unpaid interns and are ‘employees’ covered by the Fair Labor Standards Act and New York Labor Law.” Judge Pauley’s ruling is clear and concise. According to his ruling, most unpaid interns are owed at least the minimum wage.

That ruling was made over a year ago. Judge Pauley says it applies to the New York Labor Law.

Where is the New York State Department of Labor? Missing in Action!

Governor Cuomo! Enforce the labor law!

View more images from the rally here.

Join us on Sunday, July 27, 5:30pm

New to Intern Labor Rights? Interested in the role of internships in the nonprofit sector? You’re invited to our next meeting!

Want to share your thoughts and experiences of the intern economy? Want to hear what we’ve been working on and what’s currently in the works? Maybe you came to our Happy Hour last week, or saw us join NMASS (National Mobilization Against Sweatshops) outside the New York State Department of Labor, calling for a greater crackdown on wage theft.

Whatever your interest, we hope to see you at the Goethe Institut’s Wyoming Building, 5 E3rd St (corner of Bowery and E 3rd St, not the main Goethe Institut building), at 5:30PM on Sunday, July 27.

We recently held a retreat to focus on the problematic role of unpaid internships in the mission-driven nonprofit sector. So if you have some thoughts and experiences specifically about that, please come and share!

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Join us on Sunday, June 29, 5:30PM

Current or former intern, or just interested in the internship economy? Come to our next meeting!

We’ll meet at the Goethe Institut Wyoming Building, 5 E3rd St (corner of Bowery and E 3rd St, not the main Goethe Institut building), at 5:30PM on Sunday 6/29.

This meeting will be focused on catching newcomers up on recent events, and figuring out what someone just getting involved now can do. Despite rulings in favor of unpaid interns and legislation granting them workplace protections, some employers still freely use internships to bypass minimum wage laws. Furthermore, recent legislation does not in fact extend workplace protections to all volunteer labor.

Intern Labor Rights recently sent a letter to Governor Cuomo in response to S5951A, a New York State bill to extend “the same civil rights protections as paid interns” to unpaid interns:

Dear Governor Cuomo:

We share New York State’s concern over the civil rights of unpaid interns, and we acknowledge that signing S5951A into law will provide unpaid interns with more legal protections against discrimination than they currently can rely on.

Yet we remain disappointed that this amendment to the NYS Human Rights Law is too narrowly construed to accomplish everything it should. By only protecting some unpaid interns—those who meet the bill’s unnecessary definition—it leaves tens of thousands of unpaid interns in New York State, quite possibly the majority, without those protections. In short, the bill does not acknowledge employers’ widespread noncompliance with state and federal labor laws regarding unpaid trainees, and effectively excludes interns in such circumstances from the state’s civil rights protections under this amendment.

Alas, all the legislature had to do was decline to define the term “unpaid intern,” instead leaving it up to real-world usage to determine who would be covered by this amendment.

So while we note that this is a step in the right direction, it is a smaller step than we believe the Assembly, Senate, and Governor understand. We urge New York State not to put this issue behind it after passing this amendment, but rather to work on expanding civil rights to ALL unpaid interns, trainees, fellows, volunteers, and other workplace personnel not already covered by the Human Rights Law. And we urge the State to open its eyes to the widespread wage theft and other labor law abuses being conducted under the guise of unpaid internships and to take bold, decisive action to crack down on this practice in future sessions of the government.

Sincerely,
Intern Labor Rights

You can get the PDF here.

See you on Sunday!

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MASS MoCA’s internship “opportunity”: 50+ hours/week at $2/hour

It isn’t a new practice – non-profit institutions recruiting free labor under the guise of providing a benefit for the “greater good” like education and contribution to the community. While there is no section of labor law that magically exempts non-profits from having to pay wages to a worker it dubs an “intern,” it is all too common to see non-profits take advantage of a common—if mistaken—perception that labor laws simply do not apply to them. Even “volunteer” work is not a blank-check for non-profit employers to do with what they want.  We need to make it clear that “opportunities” such as the one offered by the institution MASS MoCA are not created for the benefit of young art workers, but are rather a way for the organization to construct highly ambitious programs on the backs of others. The museum’s website is currently advertising a call for interns, offering $2/hour pay for more than full time work (50+ hours/week) with a commitment of four months and without the ability to take off more than three consecutive days. Interns are given housing, but no meal or travel stipend. From the detailed descriptions of the offered positions, it seems evident that they will, in reality, serve as temporary, full-time, experienced laborers in an institution that claims in its mission statement that it is “forcefully” committed to “work…hard to leverage the arts as a catalyst for community revitalization.” We feel the museum should ask itself – if the revitalization of a community happens on the backs of mostly unpaid workers, who does that ultimately benefit?

Some may argue that the museum may not be able to budget for better paid internships, but MASS MoCA’s tax records indicate that the museum director makes in excess of $200,000 a year. In the same manner that money is raised in order to pay this generous salary, funds could be raised and allocated to ensure that everyone working in this institution is fairly compensated, not just the executive branch.  Perhaps the worst part about MASS MoCA’s posting is that by offering sub-minimum wage pay and housing for exploitative work, they fit squarely into an art world built on the backs of unpaid and underpaid interns. The museum’s posting doesn’t look that unusual next to unpaid internships from countless other art institutions big and small—exploitative labor is the order of the day within art institutions, not an oddity or an exception. Until the entire industry comes under serious pressure to change from art workers, we can expect positions like these to keep coming up.

We have pasted the posting below in full, and highlighted select areas that we feel particularly go against the very purpose of an internship – to provide an environment where individuals entering the field are given the opportunity to learn new skills, rather than bring their already well-honed abilities for the use of the institution at little to no cost. If non-profits refuse to act on the social responsibility their 501(c)(3) status purports to require, we feel we should at the very least make their exploitative labor practices known. Join us. Continue reading

Week in review: big business catches up, Sunday meeting

A year after the federal district court ruling that interns for Black Swan should have been paid for their labor attracted major media attention (and spawned numerous other lawsuits), “pay your interns” has become the party line in articles directed towards corporate management.

Just in the last week, insurance agencies,

If you’re a for-profit company offering an unpaid internship, you’re subject to the U.S. Department of Labor’s Fair Labor Standards Act (FLSA).

…magazines that have featured Richard Branson on their cover,

Extra help at no extra cost sounds like a dream scenario for any small-business owner – but unpaid interns can land a business in a lot of trouble…

…online publications targeted to small businesses,

The Fair Labor Standards Act usually considers internships with the private sector for profit businesses as “employment” and requires those workers to be paid at least the minimum wage as well as overtime pay.

corporate HR departments,

As internship season approaches, employers are rethinking their use of interns, particularly those who go unpaid.

…and “risk management” professionals,

As summer internship season approaches, businesses should make sure their unpaid intern programs do not become a liability. Businesses that do not adequately address these exposures could be liable for thousands of dollars in legal defense and possible settlement costs…

all agree: it’s simply not worth it for a for-profit business to take on unpaid help. It’s better practice to hire entry-level employees. This means opportunity for those who can’t afford to work for free.

The stock photo depictions of internships in such articles, sadly, are still pretty unenlightened.

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If you’re in New York this Sunday, 6/8, and are interested in the transformation of the general attitude towards internships over the last year, or are generally curious about what Intern Labor Rights is all about, you should come to our meeting!

As usual, we’ll be at the Goethe Institut’s Wyoming Building (this is not the main Goethe Institut building!) at 5 East 3rd Street, just off the corner of East 3rd and the Bowery, from 5:30PM to 7:00PM on Sunday June 8.  Our meetings are very informal, and we always welcome new people.

Hope to see you Sunday!

We Meet Next on Sunday, June 1

Summer’s finally here! It’s a great time to get out and get involved with Intern Labor Rights.

Our next meeting 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!

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Next meeting – Sunday, May 25, 5:30pm

hello! Big news this week! Have you heard??

Ex-interns at Warner Music Corp. were granted a class action lawsuit and Elite Model Management settled a lawsuit brought forth by its former interns.

Are you interested in the issues resulting from the intern economy? Do you want to raise awareness to these issues at your workplace? Are you a former intern? Current intern? Future intern? Just curious about Intern labor Rights? Then you should stop by our upcoming meeting! This Sunday, May 25, 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 regularly welcome new people to share their stories or listen in.

Join us this Sunday!

totes

P.S. We made a new batch of ‘Pay Your Interns’ totes and t-shirts! Get yours here. Living in NY and want to save on shipping? Let us know at intern.labor.rights@gmail.com if you can attend the next meeting, and you can purchase it directly from us! We are an all-volunteer group, all proceeds go to printing more totes/t-shirts and funding our other actions.

@InternLabor

https://www.facebook.com/InternLaborRights

May Day 2014 workshop reportback

What does a just internship look like? Deconstructing the intern economy at Free University, May day 2014

On May Day 2014 we offered an hour-long workshop that explored what a just internship might look like. Attendees shared their personal experiences with internships, ranging from current interns required to complete an internship requirement to college professors facilitating internship opportunities for students. Members of ILR also gave a brief overview of the current law regarding interns in the workplace. Workshop participants then did a mapping exercise that first looked at the world as we know it, followed by the world as we demand it, and finally – what is to be done to get internships to a better point. Some of the ideas that came up can be viewed in the images below.

If you are interested in facilitating a discussion about the intern economy and how to make it open and just to all, get in touch with us at intern.labor.rights@gmail.com. We are happy to assist you!

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No meeting this Sunday, April 27

We just wanted to give you all a heads up that we won’t be holding our regular weekly meeting this Sunday, April 27! We are going to be printing a whole new batch of Pay Your Interns t-shirts and tote bags just in time to spread the message this summer. You can be sure we will post a link to our brand new Etsy store where you can purchase these items next week so we can get them out to you!

We will resume our normal meeting schedule next week – Sunday, May 4, 5:30pm at Goethe Institute (5 East 3rd Street, New York). BUT there is another opportunity for you to meet us at Free University on May Day (this Thursday) – we will be holding a workshop on what a just internship looks like – stop by to share your experiences, get to know us, and discuss what is really a just internship. Look for us at Madison Square Park between 1-2pm.

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@InternLabor

#payinterns

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