Government questions legality of unpaid internships
By Mollie Durkin / Staff Writer
published: Sun, 25 Apr, 2010
Attention, interns: Not getting paid for routine coffee runs and copy making might not just be a pain. It might also be illegal.
State labor officials in Oregon, California and other states are cracking down on unpaid internships. Some employers have even been fined for violating minimum wage laws for the unethical treatment of interns, according to the U.S. Department of Labor, sparking a nationwide discussion about how much unpaid work is too much.
Interns are often afraid to file complaints because they don’t want to cause trouble, Ben Bratman, an associate professor of legal writing at Pitt’s law school, said. They might also fear that getting ahead without the internship will be impossible.
“This is the reality that always exists with issues in the employment setting,” Bratman said. “Whether it’s an intern, a trainee or an applicant, employees are unlikely to complain about potential violations because they fear retaliation from superiors, or developing a reputation that isn’t going to help their long-term advancement.”
Bratman said it is important for interns to know what is legal and what is not, so they can distinguish if they are treated fairly — and legally. He said there are many gray areas when it comes to unpaid internships, but there are still a few rules for interns to keep in mind.
“If someone is labeled as an employee, then they have to be paid at least minimum wage,” Bratman said.
He added that employers can classify interns as “trainees,” and if they do, they don’t have to pay them.
To clarify the issue, the Department of Labor’s Wage and Hour Division created a set of six criteria under the Fair