Dear CO-STAR:
I'm an "intern" at a local business this fall. I put intern in quotation marks because what I really am is free help. That's what I'm writing about. The company is loosely related to the music industry. When I signed on for the internship they said I'd be learning their part of the business, be involved in all sorts of stuff. What it ACTUALLY entails is being their receptionist. Literally, all I've done is answer phones and stuff envelopes. I'm not getting anything out of this. Shouldn't I get paid?
- Harris, Junior, Private College or University Student, New York
Harris:
The legal question you're asking is "am I an employee or am I an intern" because labor laws dictate that employees must be paid. But it's totally legal for interns to be given nothing more than the shaft.
It's actually a somewhat complicated issue with some very vague criteria. The courts have worked out a six-point test that determines whether or not someone's an intern or an actual member of the working class.
One, there actually has to be training. It can involve doing some of the actual work of the company (that's sort of the point of an internship) but it's got to be the kind you might get in a classroom or a vocational school.
Two, that training has to benefit you (and not the company, so it has to be somewhat generalized).
Three, and I think this one is a biggie for you, the intern can't displace regular employees, and must work under the close supervision of an actual employee.
Four, the employee can't derive any immediate benefit from the work. In fact, your presence there should actually be a bit of an impediment.
Five, the intern can't be promised a job at the end of the internship (because then they'd just be an employee in a probationary period).
And finally, there must be an understanding between the student and the company that the student won't be paid.
So are you an intern? From what little I can tell, I doubt it. It seems like the only part of the test they've nailed is the "no wages" part. Other than that, it's iffy. You don't seem to be getting much training and the company is definitely getting an immediate advantage out of you. But most importantly, without you, I bet they'd need to hire a receptionist. Which means you've displaced someone.
So I think, legally, you're owed wages. Does that mean you should march into your boss' office and demand your cash? That's a more political question. Do it and it'll probably mean you'll never get an actual job with these people. And, depending on the size of the industry, it may hurt you at other companies they have a relationship with. That may not be worth it. So think hard before you go to bat for a couple of bucks an hour.
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C.L. Lindsay III is the founding executive director of CO-STAR, the Coalition for Student & Academic Rights, and author of the book "The College Student's Guide to the Law: Get a Grade Changed, Keep Your Stuff Private, Throw a Police-Free Party and More!" in bookstores now. CO-STAR is a network of lawyers, professors and students who work to protect academic freedom and constitutional rights at college campuses nationwide. If you have a question for CO-STAR, log on to their Web site at www.co-star.org.
The material in this column addresses general legal issues only; is not legal advice and should not be relied on as such; and may or may not be appropriate to a specific situation. Laws and procedures change frequently and are subject to differing interpretations. This column is not intended to create, and does not create, a lawyer-client relationship and is not intended to be a substitute for legal counsel in the relevant jurisdiction.
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© 2007, McClatchy-Tribune News Service
Distributed by McClatchy-Tribune Information Services.
