Unpaid Interns at Gawker Unite for a Class-Action Lawsuit Under Fair Labor Standards Act

[eridani]

http://readersupportednews.org/news-section2/318-66/26579-unpaid-interns-at-gawker-unite-for-a-class-action-lawsuit-under-fair-labor-standards-ac

Unpaid interns for the website Gawker.com have won a round in court in their attempt to bring a class-action suit under the Fair Labor Standards Act.

A federal judge has ruled that lawyers bringing the suit can send notices to unpaid interns throughout the company who could potentially join the lawsuit.

The judge did not decide on the interns’ claims, but did rule they had sufficiently common characteristics to be certified as a class.

The court ruled the interns performed work similar to that of paid employees, contributed content to Gawker’s publications, moderated sections of its websites and received primarily on-the-job training. They had to follow Gawker’s general policies, were supervised in the same way as employees and received communications from management in the same way employees did. They also used the same internal communications systems employees did, were expected to work independently and received no special training or instruction.

In other words, the company treated the interns just like employees in all ways except one—they weren’t paid.

Note: Suing on behalf of unpaid interns is the hottest trend in employment law. Don’t be a victim! Discuss your internships with your attorney so they can be structured in a legal way. Simply using interns to supplement your workforce will land you in court.

[joshcryer]

1. Gawker and its media affiliates are all that is wrong with the internet.

[bmac19gg]

2. errr

How can you agree to work for free and then sue for wages?

[spooky3]

3. Uhh...is that a rhetorical question?

If yes, you may have taken a wrong turn. Why would you support illegal exploitation of workers due to their need for a job?

If no, why don't you read the article and the internship cases under the FLSA? Can promises not be met or work conditions change after you begin work?

[bmac19gg]

6. good suggestion

So I went to the Department of Labors page to find out and read the section called "The Test For Unpaid Interns", it has six criteria.

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;

2. The internship experience is for the benefit of the intern;

3. The intern does not displace regular employees, but works under close supervision of existing staff;

4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;

5. The intern is not necessarily entitled to a job at the conclusion of the internship; and

6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

Looks like Gawker says they were met, the plaintiffs say otherwise, and a judge found enough merit to move forward with the case. It will be interesting to watch how this plays out.

And no I don't support worker exploitation because I've been a victim of it before. A former employer withheld 6 paychecks of mine by telling me there was no money all along paying himself then filed for bankruptcy and the courts, and both state/federal DOL let him get away with it. So my personal opinion is that employers who steal from employees should have their heads caved in with bricks.

[spooky3]

7. Sorry about your bad experience (though I can't agree about the bricks!)

and glad you took the time to look at the criteria.

[mrmpa]

4. They did not agree to work for free...........

they agreed to intern (to be taught & to learn). The assumption(s) by many of these companies is that they were getting employees for a short time, the companies did not learn what their responsibilities were.

[Recursion]

8. You cannot "agree" to an illegal labor contract

Regardless of your opinion of the matter, if you did work for Gawker you are owed at least minimum wage for that. If you want to then give that money back to Gawker, you can.

[riderinthestorm]

5. K&R nt

[riderinthestorm]

9. Why has this thread gained no traction? Are we not pro labor?

Its crazy this issue hasn't gotten 300 recs and a shitload of kicks...