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Anya Kamenetz

Anya Kamenetz

Posted: April 16, 2010 11:45 AM

Time for Illegal Internships to Come out of the Shadows

What's Your Reaction:

"Opportunity to create a commercial webisode series for New York City's most renowned Sports store."
"[Assist] a Brooklyn-based visual artist/art director/blogger/tastemaker with several upcoming projects."
"MODELING AGENCY --You will be required to do hands on work with assisting models and staff with the company."
"Exciting lingerie company...responsibilities include: preparing packages, swatching, various paperwork, organizing design room & samples."

What do these New York City jobs found recently on Craigslist have in common? All are for unpaid summer internships. And all are quite probably illegal under the Fair Labor Standards Act.

It's been over a decade since summer internships became a requisite for the ambitious student's resume, yet they still exist in a shadow space outside of existing legal, economic, and educational categories. Recently, several states and the federal Department of Labor have been investigating their legality. In cases such as the listings above, where people are being asked to do real work contributing to a commercial enterprise, officials are finding that minimum wage laws clearly ought to apply. And the Economic Policy Institute released a report last month arguing that unpaid internships may supplant waged jobs, that they create an unequal playing field by favoring students who can afford to work for free, and that they leave interns legally unprotected from discrimination and harassment.

On the other hand, conservatives and business leaders have argued that internships are mutually beneficial, and that young people have a right to donate their services in a free market. And legions of college students have no doubt made up their minds that, exploited or not, they have no choice but to seize internship opportunities if they hope to ever get good jobs.

Both sides have good points. They're just arguing past each other. Internships are an informal, ad hoc practice that has arisen in a fast-changing economy to fill a real educational need: the gap between what typical liberal arts programs provide in terms of job preparation and what employers are actually looking for. For any ambitious young person today, they are a critical part of personal development and preparation for careers. Internships are not going away any time soon.

What's needed now is to bring them from the shadow into the light. It's time for employers, in cooperation with the government and colleges, to step up and create higher-quality apprenticeships, paid jobs, and co-op programs to replace the ill-defined, unpaid internship.

One way to bring internships into the light is to coordinate them more closely with degree programs. This requires entrepreneurship and creativity on the part of colleges. For example, in the AI Practicum course at the Armstrong Institute for Interactive Media Studies at Miami University of Ohio, multidisciplinary teams of undergraduates work on a "live" interaction design project. Clients, who have included Procter & Gamble, Target, and Bank of America, pay the program for the students' work. Similarly, at Seneca College in Toronto, there's a course where students fix real bugs in Firefox, the open-source browser. When professors are actually supervising and evaluating students doing real-world work, they can ensure that educational goals are being met alongside vocational ones.

A second solution is to tap philanthropic or federal funds to pay interns in the name of expanding opportunity. Public Allies, an Americorps program currently growing nationwide, recruits diverse youth to serve four days a week at nonprofits in their own communities, while participating in one day a week of leadership training. Public Allies' leaders earn monthly stipends of $1,300 to $1,800 and more than 80 percent end up employed in public service. The authors of the EPI study about the dangers of unpaid internships, Kathryn Anne Edwards and Alexander Hertel-Fernandez, have proposed expanding the federal work-study program to provide low-income students compensation for interning.

The most difficult option politically, especially in this economic climate, is to push more private companies to obey the law, step up, and pay their interns minimum wage. There's some evidence that paid internships tend to be more valuable experiences for both the employer and the intern, perhaps since the company has some skin in the game. But the core issue is a legal and, indeed, a moral one. Maybe the college intern community just needs its own Lilly Ledbetter: one student willing to risk burning bridges by saying she will no longer fetch coffee and file for free.

 
 
 

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olddognewtrick
Half full or half empty...It's the same
12:43 PM on 04/17/2010
I always wondered about the mixed feelings, a few years back, when Chelsea Clinton announced landing an internship to her parents...
08:35 AM on 04/17/2010
"Both sides have good points."

No, they don't. One side is arguing for the "right" of people to "donate" their time and skill. The other side is arguing that people have a right to be paid for the work they do and not to be exploited for profit.

Corporate executives want everything their own way: they want to profit by paying workers as little as possible and demand more money than they're worth. They want their corporations to have the same rights as people in a court of law but don't want to be held criminally accountable when their actions kill their workers or their customers. They want the benefits of a democratic society but refuse to contribute to it in the form of paying taxes.

Most of us (I hope) would be happy to let the "motors of the world" play their little games as long as we can support ourselves and live happy lives. If they could only understand that they could be successful without screwing the rest of us over. But for whatever reason, they just can't. I'm not qualified to say why this is, all I know is that it's the case: there is no amount of money or power that will ever satisfy some people, and unless something stops them, they will work to bleed everyone else dry.
09:02 PM on 05/20/2010
Good on ya! Well said!
04:49 AM on 04/17/2010
Here's a simple solution- Don't take the internship if you want to get paid. It's right along with- If you don't want a minimum wage job don't work one.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
09:06 AM on 04/17/2010
Isn't an internship by definition a violation of minimum wage laws, being a wage of $0? That's an odd analogy you use.
01:18 PM on 04/17/2010
Internships aren't synonomous with unpaid work. I earned at least $10-15K on the internships I had in college (at most 3 1/2 months work). Non-liberal arts major internships are typically well compensated, mimicking salaries in the workplace. I think the lesson here is for students/interns to be cognizant of earnings levels in their desired educational studies. Lastly, can we avoid making this issue another left/right argument? Sheesh!
09:03 PM on 05/20/2010
Here's a simple solution: if you're a private employer, pay your employees minimum wage.

That's the law.
04:09 AM on 04/17/2010
Unpaid internships are just the modern day version of slavery.
02:18 AM on 04/17/2010
Did anyone from Huffington Post think to check your own "Careers" section before posting this article? Nothing but "unpaid" internships listed on the website. No real jobs. How embarrassing!

http://www.huffingtonpost.com/p/jobs-at-huffingtonpostcom.html
04:05 AM on 04/17/2010
Zing! LOL
05:08 PM on 04/16/2010
The intern issue should be totally illegal. There should be some sort of law covering this. A company could pay interns a special half-minimum wage for up to a year, and then they must move the intern up to at least minimum wage level. Finding an excuse to dump the employee and bring in a replacement intern at the end of the year should not be allowed, either. This should apply to all professions and all corporate entities. Income inequality is America's biggest problem, and the internship scam is just one small part of the whole stinking sham we call corporate America.
06:31 PM on 04/16/2010
If you mandate companies pay interns . . .

Guess what will disappear?

Internships.
01:37 PM on 04/17/2010
Funny - I worked for several companies who all had paid interns.
09:05 PM on 05/20/2010
Malarkey. I had internships in college, and every one of them was paid.

Unpaid internships are a race to the bottom - employers use it to displace paid workers, even skilled ones. This completely violates federal law, and exploits a frightened workforce..
02:48 AM on 04/17/2010
Yes, totally illegal!!!

http://www.huffingtonpost.com/p/jobs-at-huffingtonpostcom.html
03:11 PM on 04/16/2010
The internship issue is a great one to discuss, thanks for this! I work with Public Allies and would like to let your readers know that if the link doesn't work for them, try this: www.publicallies.org. In my personal experience in the work force, unpaid internships tend to favor more privileged communities who can "afford" the unpaid time and effort. We at Public AlIies are committed to creating opportunities for people from all walks of life. And forgive the pitch, but we're accepting applications for Allies and Ally host organizations now :-)
03:11 PM on 04/16/2010
"conservatives and business leaders have argued that internships are mutually beneficial, and that young people have a right to donate their services in a free market"

Ridiculous. They're nothing but greedy, self-centered "lowlifes" - knowing full well that for every dollar they don't pay someone at the "bottom", they'll just continue to pad their own bloated pay packages.

It's not surprising that corporate officers now typically have "security" listed as part of their benefits.
T-Haight
What was wrong with federalism?
03:31 PM on 04/16/2010
"Corporate officer?" Where are you getting your vocabulary? Lowlifes in quotes? You're not doing much to convince the world you have the skills to be a paid intern.
01:35 PM on 04/17/2010
Apparently Wiki uses the term "corporate officer" too:
"A chief executive officer (CEO) or chief executive is the highest-ranking corporate officer (executive) or administrator in charge of total management of an organization." http://en.wikipedia.org/wiki/Chief_executive_officer

I actually debated whether or not I should put "lowlifes" in quotes - I suppose I should have left them off. Rich businessmen don't really deserve extra key strokes.

In terms of being an unpaid intern - sorry, I'm not wealthy enough to be able to take on such a role.
T-Haight
What was wrong with federalism?
03:07 PM on 04/16/2010
So... what about the practice of unpaid internships at non-profits? Note that the president has been conspicuously silent about that, especially as Organize for American offers them by the truckload. Are they really so different? Unpaid labor for a line on a resume, in both cases.

Note that technical majors are blissfully free from this problem (often making over $15 an hour as summer interns) because they are in demand. Maybe the problem is the surplus of labor, not the working conditions.

The most unfortunate thing, in my opinion, is that it will take a regulatory decision to make the internship practice verboten, not a congressional one. This isn't the kind of thing that should be left to unelected beaurocrats to decide.
09:07 PM on 05/20/2010
The law specifically makes exception for non-profits and federal agencies.

So, if you're a for-profit company, you need to pay your employees minimum wage - period.
12:47 PM on 04/16/2010
The intern world has indeed changed...unpaid interships have most definitely become all too common...What frustrates me, however, is the fact the recession has led to a new generation of interns: Eternal Interns (www.the-eternal-intern.blogspot.com)

What spurred the creation of The Eternal Intern blog was principally the frustration many experience, due to the fact that no matter how many internships we complete and how much praise we gain at work, we are still to this day "Eternal Interns", thus: unofficially unemployed.

The fact that 3 Master Degree graduates, with international internship experience, speaking at least 3 languages, open-minded and working in 3 separate industries (and 3 different cities) each face this same "Eternal Intern" problem, is what made me decide to start this blog with 2 friends and tell our story.

What we try to express through "The Eternal Intern" is the reality of being an intern in 3 of the most powerful cities of the world: the good, the bad and the ugly. Some days can be awesome, others can be miserable.

We've done everything "by the book" and yet still find ourselves at this stand-still.

Please check us out! www.the-eternal-intern.blogspot.com

Flora