More on the Obama Administration Killing Jobs for Teenagers & Free Interns

National Review:  “One must wonder what kind of society we have become. In the dismaying-but-not-surprising category of news stories recently, this one in the July 2 New York Times got my attention. It describes how the Obama administration is killing off the summer-internship programs, many of them unpaid, that are so popular with high-school seniors and college students.”

“In 1994, nearly two-thirds of U.S.-born teenagers were in the summer labor force; by 2007 it was less than half. . . . Between 1994 and 2007, in occupations where teenage employment declined the most, immigrants made significant job gains”

The Legal Job Market Is Even Worse Than Many of Us Thought

An Above the Law post discusses the following ad on Craigslist:

Superior Court of San Mateo County Seeks Volunteers

The Legal Research Department of the Superior Court of California, County of San Mateo, is seeking attorneys willing to volunteer their time as a legal research attorney with a minimum 6 month commitment to the court.

Sounds like the San Mateo Superior Court needs to read “Unpaid Internships May Be Illegal” and “US Department of Labor Says Unpaid Interns Illegal.”  Maybe the law doesn’t apply to courts that are “above the law.”

Unpaid Internships May Be Illegal

New York Times:  “With job openings scarce for young people, the number of unpaid internships has climbed in recent years, leading federal and state regulators to worry that more employers are illegally using such internships for free labor.  Convinced that many unpaid internships violate minimum wage laws, officials in Oregon, California and other states have begun investigations and fined employers.”  The U.S. Department of Labor issued “Training and Employment Guidance Letter 12-09” that explains when a person can be an unpaid trainee rather than an employee.  The Guidance Letter states:

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.