On Mar 14, 9:10 pm, Professor Bubba <bu...@nowhere.edu.invalid> wrote:
> In article
> <
08aa8ead-e478-4b3f-8436-9f3c6bc2f...@h12g2000yqi.googlegroups.com>,
> > > That¹s the central allegation in a class action suit filed today
>
> > > hours a week. As a result, Rose ³denied them the benefits that the law
> > > affords to employees, including unemployment, workers¹ compensation
> > > insurance, social security contributions, and, crucially, the right to
> > > earn a fair day¹s wage for a fair day¹s work.²
>
> > > The suit wants the court to stop Rose from continuing to depend on
> > > interns. In addition, it seeks unpaid minimum wages for all of his
> > > interns ²in an amount that cannot currently be ascertained but that
> > > readily exceeds $150,000.² Rose¹s lawyer told The New York Times,
> > > which first reported the story, that ³we are confident that Charlie
> > > Rose Inc.¹s employment practices are appropriate.²
>
> > Maybe Charlie compensates the interns with copious quantities of show
> > sponsor Coka-Cola products.
>
> Or maybe the interns get to put the Charlie Rose show on their starter
> résumés, giving them about sixteen legs up on their competition for
> their first "real" job.
>
> This is the way it generally works in journalism, and without a doubt
> Ms. Bickerton knew that going in. If she didn't like it, she should
> have flipped burgers instead. Her suit is bullshit.
Of course an internship with Charlie Rose would look good on a resume
and aid in gaining a position with a potential employer, that is why
the intern position is desired. But that is not the issue of the
complaint. The labor laws are alleged to have been violated and are
generally outlined in the publication below:
http://wdr.doleta.gov/directives/attach/TEGL/TEGL12-09acc.pdf
The U.S. Department of Labor’s Wage and Hour Division (WHD) has
developed the six factors below to evaluate whether a worker is a
trainee or an employee for purposes of the FLSA:
1. The training, even though it includes actual operation of the
facilities of the employer, is similar to what would be given in a
vocational school or academic educational instruction;
2. The training is for the benefit of the trainees;
3. The trainees do not displace regular employees, but work under
their close observation;
4. The employer that provides the training derives no immediate
advantage from the
activities of the trainees, and on occasion the employer’s operations
may actually be impeded;
5. The trainees are not necessarily entitled to a job at the
conclusion of the training period; and
6. The employer and the trainees understand that the trainees are not
entitled to wages for the time spent in training.
If all of the factors listed above are met, then the worker is a
“trainee”, an employment relationship does not exist under the FLSA,
and the FLSA’s minimum wage and overtime
provisions do not apply to the worker. Because the FLSA’s definition
of “employee” is
broad, the excluded category of “trainee” is necessarily quite
narrow. Moreover, the fact
that an employer labels a worker as a trainee and the worker’s
activities as training and/or
a state unemployment compensation program develops what it calls a
training program
and describes the unemployed workers who participate as trainees does
not make the
worker a trainee for purposes of the FLSA unless the six factors are
met.