Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Robby Slaughter’

Workplace Fairness and Wages: The Ethical and Legal Implications of Unpaid Internships

Monday, January 28th, 2013

Robby SlaughterIf you asked me about the most significant issue in workplace fairness today, I wouldn’t cite any of the common answers. Although there are widespread issues such as corporate bullying, the wage gap between men and women, and a general lack of freedom among employees, there is one problem that is more widespread and more egregious than anything else. There is no aspect of the modern American workforce which is as unfair as the unpaid internship.

The Ethics of Payment

Work for pay is part of the social contract of modern life in a capitalist society. We all adhere to the same agreement: if you offer people a chance to contribute in a way that is valuable and if you define requirements around that work, they deserve to receive fair compensation for their efforts.

Our organizations really are that simple: if there’s defined work to be done, you get paid for that work. If you’re not receiving some kind of payment—such as volunteering—then there is no expectation that you will work at a particular time or place, or that the work will be completed according to certain parameters. Work equals wages. That’s the only way to make things fair.

The Apprenticeship and the Internship

Compensation doesn’t always mean cash. Sometimes, we pay people in-kind. We feed them. We provide housing stipends. We offer them credit or teach them something of value. In Europe, these programs are called apprenticeships. Individuals spend years working with a master craftsman to learn the trade. They often sign agreements to work for the employer full-time after their training is complete. And overseas, apprentices are paid for their efforts.

But the internship has become something different. For many, this is not a job training program. Instead of working on actual projects of value to the company, interns fetch lunches and clean closets. They make coffee and photocopy documents. They perform concierge work such as picking up dry-cleaning or delivering packages. Many interns aren’t doing much work related to the business. These internships are not apprenticeships.

Furthermore, perhaps one-half of all internships are unpaid. That means all of that grunt work is done simply for the chance to be near the people in the industry.

Requiring individuals to perform work—but refusing to pay them for their work—is wrong.

Unpaid Internships: Often Illegal

In the United States, unpaid internships are often (if not usually) illegal. The Department of Labor defines six criteria for interns that do not receive cash compensation:

  1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
  2. The internship experience is for the benefit of the intern;
  3. The intern does not displace regular employees, but works under close supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
  6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

It’s extremely difficult to design an internship experience that meets all six of these requirements. Consider the first item. Most workplaces are nothing like schools. Do interns attend classroom-style instructional sessions? Do they have assignments which are graded? Do they receive individualized feedback? Do they study academic curriculum and report on their newfound knowledge and perspective?

Furthermore, the fourth point is nearly impossible to meet. For an internship to comply with this statement, the intern cannot conduct effort that the employer can consider valuable. That means an intern cannot produce a work product that will be purchased by a customer. They cannot write articles for the company newsletter or the blog. They are prohibited from substantial contributions in sales presentations or marketing efforts.

Ultimately:  any work that an unpaid intern completes must be graded and then discarded. If you put an intern’s efforts to use in promoting your company, creating your products, or delivering your services—then that intern must be paid.

Hampering the Economy

The unpaid intern is not only an issue of workplace fairness, but also has a tremendous impact on our economy. When people perform work for free, they limit the growth of business by devaluing productivity. The more interns complete unpaid work—and the more that employers recruit unpaid interns—the less true economic activity is possible.

In simple terms: if people are working for free, why invest money in paying for work?

Therefore, the right thing to do for the country as well as for the people in your lives is to pay your interns. And if you can’t afford to pay them, that probably means you don’t have the resources to treat them like students and invest in their education.

Do the right thing. Pay your interns. Or, send them somewhere that they can earn a living wage.

About the Author: Robby Slaughter is with a business consulting firm based in the Midwest. He is the author of several books and hundreds of published articles.

'I'll Be Fired Instantly'-Company Policies and Results

Thursday, December 8th, 2011

Robby SlaughterThe other day, I was chatting with a group of people at a networking group. These are almost all small business owners who are scratching out a living by pounding the pavement, chasing opportunities, and working hard to generate results. Most of them work from home, from coffeeshops, or from small offices. The monthly networking group is a chance to discuss issues and connect with others since these people are truly focused on results all the time.

Except for one woman, who works at a bank. More on her later.

Anyway, the discussion turned to listening to music. Several people noted how much they love listening to music for certain kinds of tasks. They explained how particular songs would motivate them. They mentioned how much they enjoy the chance to work in private and not run the risk of distracting other co-workers with their musical tastes. And then someone in the group suggested a brilliant idea:

“Why don’t we all do a weekly song share? We can each send out a piece of music we’re listening to at that moment. It will be a great way to motivate and support each other. In fact, we can just email a link to a music video on YouTube!”

Everyone loved the idea. It was a great way that results-only people could help each other stay motivated. It was fun and social, but didn’t dominate people’s time. And if you were too busy to listen, you could just delete the email without looking at it.

All except the banker. She muttered, Don’t include me. I can’t click on YouTube at work. I’ll be fired, instantly.”

I am not kidding. She actually told a few of us that she would lose her job by trying to watch a video at work.

There might be all kinds of explanations for this story. Maybe somebody was watching videos excessively, and a rumor developed at her bank about being “instantly fired” for watching one video. Maybe the IT folks have identified a security issue with YouTube, although that seems unlikely. Maybe there are legal issues about accidentally accessing content not licensed to the bank.

But ultimately, no one should work for a company that has either a written policy or an established culture that explains what you cannot do. Work should be about working. It shouldn’t be about trying to identify all of the possible ways in which someone could be at their desk and not be working.

If your policy is that people aren’t allowed to use their work computers for non-work activities that’s like measuring the success of a chef in the kitchen by monitoring other rooms in the building. It’s crazy.

Listen to what people say. Listen to what you are saying. If it’s not about results, it’s not about work.

And, if you want to increase your productivity by 40%, listen to Journey.

This blog originally appeared in ROWE on November 28, 2011. Reprinted with permission.

About the Author: Robby Slaughter is a guest contributor at ROWE. He runs a process improvement consulting company in Indiana called Slaughter Development, LLC.

Your Rights Job Survival The Issues Features Resources About This Blog