The Legal and Social Movement Against Unpaid Internships
Northeastern University Law Journal, Vol. 8, No. 2, p. 357 (2016)
41 Pages Posted: 11 Oct 2013 Last revised: 29 Jan 2017
Date Written: July 27, 2016
Abstract
This Article examines and analyzes the latest legal developments concerning internships and the emergence of a burgeoning intern rights movement. It serves as an update to a 2002 article I wrote on the employment rights of interns, David C. Yamada, The Employment Law Rights of Student Interns, 35 Conn. L. Rev. 215 (2002). Now that the legal implications of unpaid internships have transcended mostly academic commentary, the underlying legal and policy issues are sharpening at the point of application. Accordingly, Part I will examine the recent legal developments concerning internships, consider the evolving policy issues, and suggest solutions where applicable.
In addition, the intern rights movement has emerged to challenge the widespread practice of unpaid internships and the overall status of interns in today’s labor market. Thus, Part II will examine the emergence of a movement that has both fueled legal challenges to unpaid internships and engaged in organizing activities and social media outreach surrounding internship practices and the intern economy.
This article grew out of my presentation at the March 2013 Northeastern University Law Journal symposium on employee misclassification. By mutual agreement with the journal editors, we postponed publication of the article to allow for further resolution of the Glatt litigation.
Keywords: Interns, unpaid internships, minimum wage, labor standards, wage and hour laws, Fair Labor Standards Act, Title VII, sexual harassment, colleges and universities, higher education
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