It’s long been a tradition that college students can gain on-the-job training and experience through internships.

Some of these offer a modest wage. Others offer nothing at all. More often than not, internships are unpaid. Employers figure they are willing to spend time teaching a novice in exchange for . Interns figure they will gain valuable experience that will help them get a foot in the door of their chosen field. Even the attorney general in New Jersey offers unpaid internships.

Former Interns File Lawsuits

But unpaid internships have come under the magnifying glass recently as former interns have filed lawsuits, contending they should have been paid for the work they did. The latest one was just filed on Monday. The latest case involves a former intern who alleges that he should have been paid while working for Atlantic Records because he was essentially doing the work of an employee without receiving any special training or education. He says in the lawsuit that he often worked more than 40 hours a week without receiving any overtime pay during his internship from October 2007 to May 2008. The suit, which also names Warner Music Group, was filed as a class-action lawsuit in the state Supreme Court in Manhattan in case other former interns want to join. The lawsuit is the latest in a spate of others filed by former interns.

Federal Judge Rules in Favor of Former Interns

Another lawsuit filed last week by two former interns at W Magazine and The New Yorker alleges that parent company Conde Nast Publications failed to pay them the minimum wage. A similar lawsuit is pending against Hearst Magazines. More information about those lawsuits can be found at Unpaid Interns Lawsuit. One federal judge is siding with two interns who say Fox Searchlight Pictures violated minimum wage and overtime laws for not paying interns who worked during production of the 2010 movie “Black Swan.” U.S. District Judge William H. Pauley III found that the interns did the same work as regular employees, providing value to the company while doing low-level work that didn’t require specialized training. PBS talk show host Charlie Rose, the target of a similar lawsuit, last year agreed to pay up to $250,000 to former interns who wanted back pay for work they did while working for him.

What can you do as an employer?

All these lawsuits can certainly make you pause if you’re an employer who offers an unpaid internship program, even just for one person every year. How do you make sure you’re not vulnerable to a lawsuit? In general, an unpaid internship should be set up to offer the intern an educational opportunity and not just be free labor for the employer. There are several criteria that must be met in order for an unpaid internship to be unpaid. We at Aretsky & Aretsky specialize in employment law and can help you determine whether your internship program meets the criteria to be unpaid under federal and state labor law. Photo credit: timomcd

What is the opposite of discrimination? Working in an environment that provides acceptance for who you are, without punishing you for being different in some way or another from others in your place of employment. The New Jersey Law Against Discrimination was created to ensure your protection from all forms of discrimination that can occur, whether you are looking for employment or are currently employed. You may be in a situation where you’re wondering if you’re experiencing a form of discrimination. You may not have had any experience with this kind of thing before. You may have even laughed in disbelief when others have shared how they have been “discriminated” against, believing that they were probably just blowing the whole situation out of proportion. How do you know if you’ve experienced discrimination? Discrimination comes in many forms, but the laws against discrimination in the workplace have much in common – the aim to protect those in situations, whether by choice or not, from being unfairly treated in the workplace as a result of these situations. The U.S. Equal Employment Opportunity Commission confronts discrimination head on by making it illegal to hire, fire, demote, lay off, assign certain job duties, withhold promotions, give less pay, give less or unequal benefits, make offensive remarks, or foster a hostile environment, as a result of issues in the following categories, for both applicants and employees.

1. Age. The law protects people who are 40 or older, with regard to age discrimination in the workplace.
2. Disability. People who have disabilities or who are affiliated with someone (such as a spouse or child) who has a disability, whether mental, physical, or emotional, is protected against discrimination because of such issues and challenges.
3. Equal Pay/ Compensation. When performing the same job duties, men and women must receive equal pay, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. On the flip side, if there is any inequality in pay between men and women, it is against the law for employers to reduce the pay of either gender in order to make their pay equal.
4. National Origin. It is unlawful to treat someone differently or unfairly because they are from a particular region or speak with a certain accent that is different from those around them.
5. Pregnancy. As applicants or employees, women are legally protected against discrimination in the workplace, due to pregnancy, childbirth, or any condition related to pregnancy or childbirth.
6. Race/Color. If someone has particular skin, face, hair, or other such features conducive to a particular race or if they are directly involved with someone of a particular race, it is against the law to discriminate based on such factors.
7. Religion. It is unlawful to discriminate against someone based on religious affiliation, personal, moral or ethical beliefs, or support of a particular religious foundation or group.
8. Retaliation. If you are experiencing any type of discrimination and decide to file a complaint or lawsuit against your employer, or even participate in any type of related investigation, it is against the law for your employer to fire, demote, or harass you as a result of such actions.
9. Sex. You may not be treated any differently in the workplace, solely based on your gender.
10. Sexual Harassment. While sexual harassment doesn’t necessarily mean that all the issues are sexual in nature, it can also refer to offensive comments about a person’s gender. Such degrading treatment can also include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

This list serves as a general guideline for what types of behaviors are protected against by law; however, your story may differ in the details of what you have experienced. We not only want to hear your story, but we are fully equipped to provide the legal expertise and support to help fight against the harassment you have had to suffer through on your own. Contact us today – we are on your side.