BY SUZANNE JACOBS
Daily Staff Reporter
Published April 18, 2010
As summer approaches and University students disperse to internships around the country, those working without pay may need to brush up on their labor laws.
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Internships are becoming an integral part of the college experience, as students feel the constant need to enhance their resumes. But according to an article in The New York Times, some employers are illegally exploiting their unpaid interns for free labor.
Geni Harclerode, the coordinator for internships and experiential learning at the University’s Career Center, said in the case of an unpaid internship it’s the employer’s responsibility to make sure the internship complies with labor laws. However, she added that there are precautionary measures students should take to avoid mistreatment.
Students should talk to their supervisors either before the internships begins or during the first few weeks to get specific details about the kinds of projects they’ll be working on and how often they’ll be in contact with their supervisors, said Harclerode.
Asking these kinds of questions, she said, will send up any “red flags” that the internship does not legally qualify to be unpaid.
In the event that a student in an unpaid internship feels he or she is entitled to payment, the question becomes whether or not to speak up.
Dr. Larry Root, a professor in the School of Social Work and an expert in labor management issues, said students in these situations should weigh the costs and benefits of calling attention to their mistreatment because it is unlikely that the fallout will be satisfying for the student.
“One of the real problems with all kinds of violations of labor laws is, it’s hard to get justice,” Root said.
Harclerode added that with more students getting internships in an effort to boost their resumes and gain some real world experience, students may become vulnerable to unfair treatment.
“I think (internships are) very important for students,” Harclerode said. “(They) allow you so much in terms of an opportunity to really refine and understand things from a career exploration standpoint.”
The legal rights of unpaid interns stem from a 1947 Walling v. Portland Terminal Co. Supreme Court case. The case involved prospective yard brakemen claiming they deserved payment during their training. The court ruled in favor of the railroad, saying the trainees were not considered employees and therefore were not entitled to wages.
From this Supreme Court case, the Department of Labor crafted six criteria that must be met to qualify a worker as a trainee — the experience must be educational for the trainee, the training must be for the benefit of the trainee, the trainees must not displace regular employees, the employer must not immediately benefit from the work of the trainee, the employer cannot guarantee a job for the trainee at the end of the training and both the employer and trainee must understand that the trainee is not entitled to payment.
Public Policy sophomore Vidhi Bamzai, who had an internship with a government official in Michigan last summer, said her supervisor made it clear that she was legally entitled to payment.
According to Bamzai, her supervisor told her directly, “You’re going to be doing work for us that will lighten the load in the office.”
This summer, Bamzai will have an unpaid internship with a senator in Washington D.C. She said she’s somewhat apprehensive about living for four months with no source of income and might try to get a part-time job, but that the knowledge and the addition to her resume that she’ll have by the end of the summer will make the sacrifice worthwhile.
“(Money’s) definitely a concern…not only cost of living, but experiencing everything D.C. has to offer,” Bamzai said. “If I was not working for a senator in D.C. there’s no way in hell I would do this.”





















