Fighting for American Workers

Types of Wage Theft

Unpaid Internships

Exploitation of interns has been going on for decades. In recent tough economic times, employers have cut costs by increasing their use of unpaid interns at the expense of paid employees. Employers in the arts, entertainment, media and fashion industries have had little difficulty finding people willing to work for free in order to break into the business.  Many of these internships violate federal and state wage and hour laws.  

While a person may volunteer to work for a non-profit organization or a government entity, for-profit companies are not permitted to use unpaid volunteers unless they meet the very stringent requirements for unpaid internships. The U.S. Department of Labor acknowledges that the definition of employment is intended to be very broad and the exception for interns and trainee's is designed to be very narrow. it requires that a position satisfy each of six factors in order for an unpaid internship to be legal.

      1. The internship must be similar to training given in an educational environment.

      2. The internship experience must be primarily for the benefit of the intern rather than the employer.

      3. The employer may not receive any immediate advantage from the intern's work.

      4. The intern must not take the place of paid employees.

      5. The intern must not be entitled to a job at the end of the internship.

      6. Both parties must understand that no wages will be paid for the internship.

State law requirements for unpaid internship and trainee positions may be even more stringent.  For example, the New York Department of Labor requires that before an intern or trainee can be deprived of wages, the position must satisfy all eleven factors of the state's test.

Illegal unpaid internships are bad for America for a number of reasons. Employers who use them keep wages low and unemployment rates high by displacing workers.  Moreover, they favor only those with the means to work without pay and exclude people who can't afford to work for free.  Thanks to a renewed interest in the problem, the days of unpaid internships may be coming to an end.

If you think you may have worked in an illegal unpaid internship position, contact the Marlborough Law Firm for a free consultation.

"I have a message for those employers who break this nation's labor laws and prey on vulnerable workers: It ends today."

 - Hilda Solis, United States Secretary of Labor (2009-2013)

Why Choose Us

We have the experience, passion and commitment that it takes to litigate complex wage theft cases.

We concentrate our practice on class actions and seek recovery for as many workers as possible.

We accept most of our cases on a contingency fee basis, which means that you will not be required to pay anything unless your case is successful.

Meet The Team

Christopher Marlborough has been litigating class action cases since 2007. Jennifer Marlborough is a seasoned attorney with more than 14 years of litigation experience. Chris founded the Marlborough Law Firm in 2013 to continue his fight against corporate wage theft practices. 

Contact Us

If you think you may be the victim of wage theft, do not hesitate to contact us. Consultations are always free.  

The Marlborough Law Firm, P.C.
445 Broad Hollow Road
Suite 400
Melville, New York 11747

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