Monthly Archives: July 2012

Attn: UNPAID Interns at Hearst, Fox Searchlight & Charlie Rose Can Join Class Action Lawsuit Under FLSA

If you are/were an UNPAID intern at Hearst since February 2009 (some news sources listed as 2006 instead of 2009, best to contact attorneys below to confirm), you can join the class action lawsuit by contacting the attorneys at Outten & Golden, LLP listed below. Also, there are at least 2 other active class action lawsuits against Fox Searchlight Pictures, Inc. and the Charlie Rose Show that use(d) UNPAID interns (see below):

General office phone number of the law firm Outten & Golden, LLP:  1-212-245-1000. E-mail: internlawsuits@outtengolden.com

For the civil complaints filed with the Federal/State courts for the 3 cases, click on links provided here: Hearst Corporation, Fox Searchlight, Charlie Rose. See attorney Elizabeth Wagoner interviewed by Employment Law Channel about the UNPAID interns at Fox Searchlight who worked on the Oscar-winning movie Black Swan, she discussed how UNPAID interns at Fox Searchlight are illegal practices. My take: it’s also TAX EVASION by these large corporations to avoid paying Federal and State payroll taxes by using UNPAID interns to do the same duty and same work as full-time employee.

Across the pond in the United Kingdom, Keri Hudson who was an UNPAID intern for website “My Village” recently won the lawsuit to be recognized as a PAID worker.

Rachel M. Bien at the law firm Outten & Golden LLP – Email: rmb@outtengolden.com Ms. Bien represents employees in individual discrimination cases and wage-and-hour class actions.

Elizabeth Wagoner at the law firm Outten & Golden LLP – Email: ewagoner@outtengolden.com Ms. Wagoner represents employees in all areas of employment law, including both individual and class actions.

The case is Xuedan Wang v. The Hearst Corporation, at the Federal Court in the Southern District of New York, Class Action Complaint No. 12 Civ. 0793.

NOTE that Outten & Golden LLP is also representing plaintiffs in two other UNPAID intern lawsuits. They are:

1) Bickerton v. Charles Rose and Charlie Rose, Inc., Index No. 650780/2012 (N.Y. Supreme Court), which was filed with the court in March 2012, and

2) Glatt v. Fox Searchlight Pictures Inc., No. 11 Civ. 6784 (at the Federal Court in Southern District New York), which is in the discovery stage of the legal process.

PRESS RELEASE via PR Newswire

July 13, 2012, 9:46 a.m. EDT

Court Conditionally Certifies Unpaid Intern Collective Under FLSA, According to Outten & Golden LLP

NEW YORK, July 13, 2012 /PRNewswire via COMTEX/ — U.S. District Judge Harold Baer ruled late Thursday that a federal Fair Labor Standards Act (FLSA) lawsuit filed on behalf of all unpaid interns who worked in Hearst’s Magazines division since February 2009 can go forward as a collective action.

The class action complaint, filed by Outten & Golden LLP on Feb. 2, 2012 on behalf of Xuedan Wang, a former Harper’s Bazaar intern, accuses Hearst of illegally failing to pay interns for their work and taking unlawful deductions by requiring interns to purchase academic credit as a condition of employment. Ms. Wang regularly worked more than 40 hours per week, and sometimes as many as 55 hours per week, without compensation.

The Court made a preliminary determination that unpaid interns at Hearst are “similarly situated” because Hearst made a uniform determination that they are not “employees,” required them to submit college credit letters, and used them to perform entry-level work with little supervision.

The Court’s Order means that interns who worked for Hearst Magazines within the past three years will soon receive a Court-authorized notice of the lawsuit and information about how to join it to protect their rights under federal law.

The Court also rejected Hearst’s argument that the case could not be certified as a class action under the New York Labor Law, explaining that Hearst’s arguments were “premature.” At a later phase in the litigation, Outten & Golden will ask the Court to certify a New York Labor Law class of unpaid interns who have worked for Hearst since Feb. 2, 2006.

Rachel Bien, of Outten & Golden LLP, said, “We are pleased that the Court agreed that this case should move forward to the merits and that interns deserve to be notified about the lawsuit and have the chance to join it.”

The case is Xuedan Wang v. The Hearst Corporation, in the Southern District of New York, Class Action Complaint No. 12 Civ. 0793.

Outten & Golden also has filed two other lawsuits on behalf of unpaid interns, Glatt v. Fox Searchlight Pictures Inc., No. 11 Civ. 6784 (S.D.N.Y.), which is in discovery, and Bickerton v. Charles Rose and Charlie Rose, Inc., No. Index No. 650780/2012 (N.Y. Supreme), which was recently filed.

Pleadings and related documents for Outten & Golden LLP’s intern cases are available at: http://www.unpaidinternslawsuit.com .

Attorney Contacts: Rachel Bien and Elizabeth Wagoner, Outten & Golden LLP, New York, 212.245.1000, http://www.outtengolden.com .

SOURCE Outten & Golden LLP

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