Intern seeking payment where credit is due

 

Jessica Brossack
The Signal
What does Diana Wang have in common with Bill Gates, Oprah Winfrey and Brian Williams? Once upon a time they were interns too.  The difference is Wang is suing for compensation and violation of labor laws.

Xuedan (Diana) Wang graduated from Ohio State University and moved to New York for an internship at Harper’s Bazaar, a Hearst corporation publication.  As stated on Hearst’s webpage for intern application, the compensation given would be academic credit, not monetary pay.

Wang’s lawsuit claims that Harper’s Bazaar made her work 40 to 55 hours a week, often staying later and working longer than the hired employees.

Wang’s lawyers Adam Klein and Elizabeth Wagoner contend that the work she did took on the role a hired employee would have been doing and that is where the violation takes place.  As of March 1, 2012, Wang’s lawyers had not responded to requests for comment.

The U.S. Department of Labor Wage and Hour Division list a 6-part test for internship determination:

If the internship is similar to training which would be given in an educational environment;
The internship experience is for the benefit of the intern;
The intern does not displace regular employees, but works under close supervision of existing staff;
The employer derives no immediate advantage from the activities of the intern and on occasion operations may be impeded;
The intern is not necessarily entitled to a job at the conclusion of the internship; and
The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

This and more information regarding intern regulations can be found at http://www.wagehour.dol.gov.

“The internship programs at each of our magazines are designed to enhance the educational experience of students who are receiving academic credit for their participation, and are otherwise fully in compliance with applicable laws.” said Paul Luthringer, vice president of Hearst Corporation.  “We intend to vigorously defend this matter.”

Students on campuses across the country are encouraged to complete an internship in their elected programs before they graduate.  The vast majority of them are unpaid.

“I think internships, in general, are invaluable for learning and networking.” said Paul McGrath, UHCL adjunct professor in Communication. “But I’m not a believer in slave labor; the intern should receive something tangible out of the experience—whether it’s pay or class credit or something else.”   McGrath is also an assistant news editor handling the Nation/World section at the Houston Chronicle, a company who employees interns in both the paid and unpaid capacity.

The Houston Chronicle takes on about 15 to 20 students per semester in their for-credit program, which is unpaid, and about 10 to 20 students during the summer, which tends to be paid.  Students are accepted from local Texas universities such as UHCL, UH, Texas Southern University (TSU) and Rice.
The Houston Chronicle is owned by the Hearst Corporation, which also owns Harper’s Bazaar among many other publications.

Ashley Packard, professor of communication and digital media studies, oversees the supervision of graduate and undergraduate internship programs.

“I ask internship supervisors to create a quantifiable list of performance objectives with their interns and to sign that document.” Packard said.  “The intern, internship supervisor and I each get a copy. After that, there is very little room for misunderstandings. On the rare occasion that an intern feels things are not going well, I talk to the intern about the appropriate way to address the internship. If the intern is not able to resolve the situation, I will step in.”

Matt Griesmyer, UHCL alumnus and former intern and reporter for South Belt-Ellington Leader Newspaper in Houston, now mentors interns of his own at the Clear Lake Area Chamber of Commerce where he is the director of communication.

“An internship should be a partnership between the student and employer where the student gains experience, knowledge and skills that will aid them in the workplace once they graduate.” Griesmyer said.  “My experience was outstanding.”

However, not every internship ends with a job offer as was the case with Araina Brooks, who interned at Prodagio Software in League City for just under two years.

“I was treated very kindly and for the most part was integrated into the company” Brooks said.  “Ultimately I was not hired. In some ways, I sort of felt led on. When I first began, I expected to only work through the summer and then move on. However, I was asked to stay.

“After a year of interning I was told ‘You never know what might happen’ so I decided to stick around. After graduation I spoke to both executives and although they both expressed appreciation for my hard work they told me they lacked the funding and would eventually look to hire a more experienced person down the road.”

Although she’s grateful for the work experience, Brooks did express a wish that they had been more upfront with her so she could have moved on to other opportunities with a better chance of being hired.

“Overall it was a great opportunity to gain real world marketing experience,” Brooks said.

Darby Staup, another former UHCL student intern, put in a lot of work at KRBE, a local radio station, easily working 12 to 14 hour days, but she, unlike Wang, said she never felt that KRBE abused her.

“I was able to get a snapshot at just how many hours I would have put into my work.” Staup said.  “I was treated just like any other employee during my internship. I wasn’t paid during my internship, but I did receive college credit and valuable experience.”

Staup was hired at the end of her internship.

“I honestly was lucky that KRBE happened to have an opening during the summer and wanted to hire me,” Staup said.