MOVIE STUDIO VIOLATED WAGE LAWS BY NOT PAYING INTERNS

Employment Law & Verdicts, Hiring, Interesting Reading, Lawsuits, Legislature

In the decision, Judge William H. Pauley III ruled that Fox Searchlight should have paid two interns on the movie “Black Swan,” because they were essentially regular employees.

The judge noted that these internships did not foster an educational environment and that the studio received the benefits of the work. The case could have broad implications. Young people have flocked to internships, especially against the backdrop of a weak job market.

Employment experts estimate that undergraduates work in more than one million internships a year, an estimated half of which are unpaid, according to Intern Bridge, a research firm.

“Employers have already started to take a hard look at their internship programs,” said Rachel Bien, a lawyer for the plaintiffs. “I think this decision will go far to discourage private companies from having unpaid internship programs.”

Chris Petrikin, a spokesman for 20th Century Fox, said: “We are very disappointed with the court’s rulings. We believe they are erroneous, and will seek to have them reversed.”

Eric Glatt and Alexander Footman, production interns on “Black Swan,” sued Fox Searchlight in September 2011. In the suit, Mr. Glatt and Mr. Footman said they did basic chores, usually undertaken by paid employees. Like their counterparts in other industries, the interns took lunch orders, answered phones, arranged other employees’ travel plans, tracked purchase orders, took out the trash and assembled office furniture.

“I’m absolutely thrilled,” said Mr. Glatt, who has an M.B.A. from Case Western Reserve University. “I hope that this sends a very loud and clear message to employers and to students doing these internships, and to the colleges that are cooperating in creating this large pool of free labor — for most for-profit employers, this is illegal. It shouldn’t be up to the least powerful person in the arrangement to have to bring a lawsuit to stop this.”

In the ruling, the judge said unpaid internships should be allowed only in very limited circumstances.”

LARGE COMPANIES ACCUSED OF DISCRIMINATION OVER CRIMINAL BACKGROUND CHECKS

Criminal Background Checks

“Federal regulators Tuesday accused two large employers of improperly using criminal-background checks in hiring, the latest salvo in a contentious debate over whether such screening amounts to discrimination against black applicants. In complaints filed in federal courts in Illinois and South Carolina, the Equal Employment Opportunity Commission said two companies discount retailer Dollar General Corp. DG -1.12% and a U.S.…

Is Your Criminal Screening Process Compliant?

Criminal Background Checks

“An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace violence, and face liability for negligent hiring and retention of employees who commit violence in the workplace. Furthermore, a job applicant’s…

NEVADA JOINS NINE OTHER STATES IN PROHIBITING USE OF CONSUMER CREDIT REPORTS FOR EMPLOYMENT

Background Checks, Legislature, Policy Updates & Changes

On October 1, 2013, Nevada will be the tenth state to prohibit the use of credit information for employment purposes. This new law was introduced by Senator Parks on February 18, 2013.  This bill was intended to “prohibit employers from conditioning employment on a consumer credit report or other credit information.” Nevada Governor Brian Sandoval…

NO BACKGROUND CHECK FOR ADDICTION COUNSELORS IN CALIFORNIA?

Background Checks

“California’s lax system of credentialing drug and alcohol counselors has allowed convicted sex offenders, embezzlers and people with their own substance-abuse problems to work with vulnerable clients, according to a new report from the state Senate’s oversight office. With demand for treatment services expected to grow as the federal health care law takes effect, Monday’s…