Get access to the exclusive HR Resources you need to succeed in 2018!
SHRM board member David Windley discusses how unconscious bias can derail workplace diversity efforts.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
A $5.85 million settlement of a class-action lawsuit alleging that magazine publisher Condé Nast underpaid thousands of interns received preliminary approval from a federal magistrate Dec. 29, 2014.
The class action complaint was initially filed on behalf of two former interns who worked for Advance Magazine Publishers, Inc., which does business as Conde Nast Publications. The lawsuit claimed that the interns were covered by the federal Fair Labor Standards Act and the New York Labor Law, which require that interns engaged in the operations of the employer or performing productive work that benefits the employer must be paid the minimum wage even if they receive some benefits in the form of a new skill or improved work habits.
The suit alleged that the publisher violated both federal and state law by failing to pay interns proper wages for the work they performed. The complaint alleged that Conde Nast relied on “a steady stream of interns to perform entry-level work that contributes to its magazines’ operations and reduces its labor costs.” For example, interns’ tasks included reviewing editorial submissions and passing on those recommended to supervisors, responding to readers’ emails, proofreading, line editing, running errands, and doing other productive work.
The settlement covers nearly 7,500 interns who worked at magazines including The New Yorker, W Magazine, Vanity Fair, and Vogue from June 2007 to the present. Each class member is expected to receive between $700 and $1,900.
Condé Nast canceled its internship program soon after it was sued in June 2013.
According to guidelines issued by the U.S. Department of Labor in 2010, the following six criteria must be applied in determining whether individuals participating in private sector internships or training programs may do so without compensation:
The class action settlement agreement appeared reasonable as it exceeded 60 percent of estimated unpaid wages, the U.S. magistrate said in granting preliminary approval. "Given defendant's size and stature in the publishing world, I assume it could withstand greater judgment," he wrote. "This fact, by itself, however, does not render the proposed settlement unfair."
Outten & Golden, the law firm representing the interns, plans to seek legal fees of $650,000, or 11.1 percent of the settlement fund, according to a spokesperson for the firm.
A fairness hearing is scheduled for June 22, 2015, to consider final approval of the settlement.
Ballinger v. Advanced Magazine Publishers, Inc., S.D. N.Y., No. 13-04036 (Dec. 29, 2014).
Rosemarie Lally, J.D., is a freelance legal writer and editor based in Washington, D.C.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
SHRM Member Discounts Program
SHRM’s HR Vendor Directory contains over 3,200 companies