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61 Hastings L.J. 1531 (2009-2010)
America's New Glass Ceiling: Unpaid Internships, the Fair Labor Standards Act, and the Urgent Need for Change

handle is hein.journals/hastlj61 and id is 1541 raw text is: Notes America's New Glass Ceiling: Unpaid Internships, the Fair Labor Standards Act, and the Urgent Need for Change JESSICA L. CURIALE* Unpaid internships are increasing in the United States, and one can surmise that they will become even more common as the economy continues to deteriorate. Most internships are not paid, especially in glamorous fields, such as politics or entertainment. Instead of wages, the company offering the internship promises the candidate great experience and an opportunity to get his foot in the door. Because employers respond favorably to internship experience on a resume, individuals see internships as increasingly necessary to be competitive in the job market. But without being paid, low-income individuals often cannot afford to take them. This raises a troubling class divide between entry-level jobseekers who can afford the luxury of unpaid experience and those who cannot. Because employers may decide to hire unpaid interns instead of paid laborers, unpaid internships also indirectly contribute to rising unemployment. These serious problems are exacerbated the extremely convoluted and unclear nature of the federal law governing unpaid interns. Under current federal law, it is often difficult to tell whether an internship is illegal, and to even know where to begin in suggesting change. Indeed, suggesting change to the law governing unpaid interns begs the question: what law? This Note urges the Wage and Hour Division of the Department of Labor to promulgate a rule that will create an explicit intern-learner exemption to the FLSA, similar to the current learner exemption. This new rule will benefit both interns and businesses, by clarifying that anyone who qualifies as an employee for purposes of the FLSA must be paid minimum wage, but allowing employers who create an approved intern-training program to pay their interns slightly less than minimum wage. This will subject internship programs to regulation by the Department of Labor and ensure that all who are legally entitled to wages receive payment, ultimately leading to a decrease in unpaid internships nationwide. * J.D., University of California, Hastings College of the Law, 2010. I would like to thank my advisor, Reuel Schiller, for his invaluable guidance and input on this project, the editors of the Hastings Law Journal for their hard work on this Note, and my friends and family for their helpful comments and suggestions. I would especially like to thank Jesse Basbaum, Greg Gomes, and Tobias Curiale for their consistent patience and support throughout this process. [15311

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