標題: [新聞] 是學習還是血汗： 不甘領低薪學生勞工告
時間: Thu Jun 20 12:06:29 2013
是學習還是血汗： 不甘領低薪學生勞工告公司
http://news.sina.com.tw/
隨經濟局勢走衰，就業市場前景不佳的環境下，
許多學生寧可不拿薪水，也要爭取實習機會，
不過，美國社會似乎正透過司法行動，
要求實習生實際上被當成勞工差遣時，就應該支付法定薪資。
曾在《紐約客》及《W雜誌》工作的實習生，
提出控訴前2天，才有法官做出判決，
勞動法律師表示，該一判決結果及類似的訴訟案可能會接踵而來，
「這股風潮可能會超出媒體業公司、擴及到紐約以外的地區。」
遭遇不公 集結爭權
13日的這起訴訟，由紐約南區聯邦地區法院負責審理，
2009年在《W雜誌》實習數月的巴林杰及2009、
巴林杰每天領12美元酬勞，工作內容是整理配件、
這起訴訟試圖成為集體訴訟，
▲一位在紐約市立學院主修溝通設計的大四學生荷西維葛（
對康泰納仕出版公司與福斯探照燈電影公司提出訴訟的奧頓高登法律
實習背後的階級差異
奧頓高登法律事務所也受理赫斯特集團《時尚芭莎》
去年底，
「這些年輕人意識到經濟與階級議題。」
「他們挺身而出，然後表示：『我們受夠這些了。』」
康泰納仕公司的代表表示，公司未對這起懸而未決的官司做出評論。
接受無償 被自己看輕
美國勞工部發展出一套6項檢核項目的標準，
奧唐納爾表示：「檢核的真正關鍵，
儘管追蹤不易，但無償實習的普遍程度，
《2013年學生調查》發現，
全美大學及雇主協會的研究員寇克表示，
總部位於華盛頓、無特定黨派立場的智庫「經濟政策研究所」
「若你願意無償工作，
When two former interns（1） at the New Yorker and W Magazine sued parent company Conde Nast Publications on Thursday, legal experts said it could be the first in a wave of lawsuits challenging companies WHO pay little or nothing for student labor.
The lawsuit comes just two days after a judge found that Fox Searchlight Pictures viOLated labor laws when it used unpaid interns for production tasks on "Black Swan," the 2010 film starring Natalie Portman.
Employment lawyers said that decision and similar lawsuits that are likely to follow would force employers to reconsider using unpaid or underpaid（2） interns, first in "glamour" industries such as movies and publishing, where the practice has become standard, and then in industries that have implemented similar policies to reduce labor costs in a flagging economy.
"This trend is probably going to expand beyond media companies and beyond New York," said Laura O'Donnell, a lawyer at Haynes & Boone in San Antonio who represents management in labor disputes. "I think employers in all industries across the country need to take note."
Thursday's lawsuit was filed in U.S. District Court for the Southern District of New York, which also had issued the decision on Tuesday against News Corp's (NWSA.O) Fox Searchlight.
Lauren Ballinger, an intern at W Magazine for several months in 2009, and Matthew Leib, who had internships at the New Yorker in 2009 and 2010, said Conde Nast violated federal labor laws.
Ballinger received $12 a day to organize accessories, run personal errands for editors and make deliveries to vendors. Leib got a flat rate of $300 to $500 for each three- to four-month internship, which included reviewing submissions to the New Yorker's "Shouts and Murmurs" section, responding to emails sent to the magazine, proofreading（3） and opening mail.
The lawsuit, which seeks a class action on behalf of all affected Conde Nast workers, said the Fair Labor Standards Act required the company to pay an hourly minimum wage.
Law firm Outten & Golden, which brought both the Conde Nast and the Fox Searchlight lawsuits, is identifying individuals who held unpaid internships during the past six years and is reviewing the conditions of their employment for possible wage-and-hour violations.
The firm is also handling a lawsuit against Hearst Corp by former Harper's Bazaar magazine intern Xuedan Wang. In that case, Judge Harold Baer, also in the Southern District of New York, said Wang, who had sought class-action（4） certification, could not sue on behalf of other interns. The law firm is Appealing the ruling, and Wang can still bring suit as an individual.
PBS talk show host Charlie Rose agreed to settle a similar class action brought by Outten & Golden late last year on behalf of 190 unpaid interns who worked on his program between March 2006 and October 2012.
"These young people are conscious of economic and class issues," Juno Turner, a lawyer at Outten & Golden, said of the Conde Nast lawsuit. "They see that people who are able to do these internships are people of means, whose families are able to support them while they work for little or no pay.
"They're standing up and saying: 'I've had enough of this.'"
A Conde Nast representative said the company did not comment on pending litigation（5）.
The U.S. Labor Department has developed a six-pronged test based on a decades-old Supreme Court case related to railroad company trainees to determine whether interns at for-profit companies must be paid. It takes into account factors that include the educational value of the experience and whether interns displace regular workers.
"The real key to the test is that the internship has to be for the benefit of the intern as opposed to the employer," O'Donnell said.
Although unpaid internships are difficult to track, their prevalence is APParent in an annual survey of more than 30,000 students conducted by the National Association of Colleges and Employers (NACE). For the past three years, nearly half of all interns surveyed have reported working without pay.
The 2013 Student Survey found that while paid internships increased the likelihood of receiving a permanent job offer, unpaid interns fared only slightly better than students who did no internship at all. The median starting salary for a newly minted graduate with paid internship experience is $51,930, but only $35,721 for those who have completed an unpaid internship, the survey said.
That pattern was consistent across all academic majors, NACE researcher Edwin Koc said.
Ross Eisenbrey of the Economic Policy Institute, a nonpartisan think tank based in Washington, said would-be interns should think twice about agreeing to work without pay, even to get a foot in the door.
"You signal to employers that you aren't worth that much if you're willing to work for nothing," Eisenbrey said.（Reuters）
關鍵字詞
1.intern （n.）實習生
2.underpaid（a.）薪水或工資很低的
3.proofread（v.）校對
4.class-action（n.）集體訴訟
5.litigation（n.）訴訟
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