Notice To All Businesses Offering Internships. (NYC)
Greetings,
I've read your CL posts and wanted to pass on information you might find relevant.
It is illegal in NYS to pay someone who's working for you less than minimum wage. This is regardless of whether or not you label it as an internship. Aside from being ethically misguided you are also breaking the law. Recent New York State case law has established that you can be held liable for back wages and penalties as well as other criminal liabilites for trying to circumvent state and federal labor laws.
Don't take my word for it, consult a labor attorney or just follow this link to read a story from the Hollywood Reporter about a case, and it's broader ramifications, brought by two interns against the producers of the Black Swan.
Or even more simply stated from the U.S. Labor Department read this:
An unpaid internship must meet six tests to be legal:
1. It must be an educational experience, the equivalent of vocational school.
2. It must primarily benefit the trainee.
3. The intern cannot do work that would otherwise be done by a paid employee, and must work under the close supervision of a manager.
4. The employer cannot profit from the intern's work.
5. The employer must not promise upfront a paid job at the conclusion of the internship. It's OK to offer a job once the internship ends.
6. The intern and employer must agree if no wages are to be paid. It's best to put this understanding in writing, and have both parties sign the paper.
Please pay the people who work for you or consider moving to some place where you aren't required to, like North.
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