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The Piper Seeks Payment

February 3, 2012
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The Piper Seeks Payment
A former intern is suing Hearst, hoping to start a class-action suit. Steven Greenhouse writes at The New York Times:

A former unpaid intern for the fashion magazine Harper's Bazaar filed a lawsuit on Wednesday, accusing its parent company, the Hearst Corporation, of violating federal and state wage and hour laws by not paying her even though she often worked there full time.

In her lawsuit, filed in Federal District Court in Manhattan, the intern, Xuedan Wang, and her law firm are asking to make the case a class action on behalf of what they say are hundreds of unpaid interns at Heart Magazines, which also publishes Cosmopolitan, Seventeen and Good Housekeeping.

Employment experts say a growing number of young people, hundreds of thousands of them, do unpaid internships each year as they seek to get a foot in the door and gain work experience.

..."Unpaid interns are becoming the modern-day equivalent of entry-level employees, except that employers are not paying them for the many hours they work," said Adam Klein, one of the lawyers for Ms. Wang. "The practice of classifying employees as 'interns' to avoid paying wages runs afoul of federal and state wage and hour laws."

...The lawsuit pointed to guidelines from the United States Labor Department, which state that unpaid internships are only lawful in the context of an educational training program, when the interns do not displace regular employees and the employer derives no immediate advantage from the intern's work. The guidelines also state another criterion for internships to be unpaid: "the internship experience is for the benefit of the intern."

Ms. Wang's lawyers said that by treating her and others as interns rather than regular employees, they were denied not only wages, but also Social Security contributions and the right to receive unemployment insurance and workers' compensation.

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