Former Intern at ‘Charlie Rose’ Sues, Alleging Wage Law Violations

A former unpaid intern for the “Charlie Rose” show has filed a lawsuit against Mr. Rose and his production company, accusing them of violating New York State wage laws by not paying the show’s interns for the work they performed.

In a lawsuit brought in State Supreme Court in Manhattan, the former intern, Lucy Bickerton, complained that she was not paid at all when she worked 25 hours a week for Mr. Rose’s show from June through August 2007. Ms. Bickerton and the law firm representing her, Outten & Golden, said they were seeking to bring the lawsuit as a class action on behalf of all unpaid interns who have worked for the show since March 2006.

“Central to the show’s lean production are the substantial number of unpaid interns who work on the ‘Charlie Rose’ show each day, but are paid no wages,” Ms. Bickerton’s lawsuit states. “The show’s own Web site makes clear that ‘interns are highly involved with every aspect of running a daily television show.’ ”

The lawsuit said Ms. Bickerton, a 2008 graduate of Wesleyan University, had various responsibilities at the show, including providing background research for Mr. Rose about interview guests, assembling press packets, escorting guests through the studio, breaking down the interview set after daily filming and cleaning up the green room.

“Despite the significant work they perform, ‘Charlie Rose’ interns are not compensated for any of their work,” the lawsuit said.

Paul C. Curnin, a lawyer for Charlie Rose Inc. and a partner at Simpson Thacher & Bartlett, said: “We will review the complaint and respond. We are confident that Charlie Rose Inc.’s employment practices are appropriate.”

The lawsuit noted that unpaid internships have proliferated among many white-collar professions, including film, journalism, fashion and book publishing. Elizabeth Wagoner, a lawyer for Ms. Bickerton, said: “Systematic violation of federal and state laws that coverage internships appears all too common at some media companies. More and more unpaid interns are standing up for their right to earn a wage for their work.”

Labor experts say hundreds of thousands of young Americans work as unpaid interns each year as they seek to gain experience and get a foot in the door with coveted employers or within coveted industries. But some interns and worker advocates maintain that many employers who use unpaid interns are violating federal and state labor laws by using them essentially to do the jobs of other workers and by not providing a bona fide educational experience.

Ms. Bickerton’s lawsuit states that according to the New York State Department of Labor, “an unpaid internship is only lawful in the context of an educational training program, when the interns do not perform productive work and the employer derives no benefit.” The lawsuit cites guidance from the state Labor Department that says: “If an employer uses trainees as substitutes for regular workers or to augment its existing work force during specific times or in general, these interns would be treated as employees.”

Ms. Wagoner said the lawsuit was filed under New York State law rather than federal law because the state allows suits over wage violations that go back six years, while federal wage law sets a three-year limit.

Many employers defend the use of unpaid internships, saying that the interns often voluntarily and enthusiastically agreed to take the positions and that the internships are a valuable educational experience. Employers also often contend that the labor guidelines are ambiguous and largely obsolete for today’s rapidly changing workforce.

Ms. Bickerton’s lawsuit criticizes the whole system of unpaid internships, saying: “Employers’ failure to compensate interns for their work, and the prevalence of the practice nationwide, curtails opportunities for employment, fosters class divisions between those who can afford to work for no wage and those who cannot, and indirectly contributes to rising unemployment.”

Last month, Outten & Golden filed a lawsuit on behalf of a former unpaid intern for the fashion magazine Harper’s Bazaar, accusing its parent company, the Hearst Corporation, of violating wage laws by not paying her even though she often worked there full time. Last September, the law firm filed a lawsuit against Fox Searchlight Pictures, asserting that it violated wage laws by using unpaid interns on “Black Swan” and other films. Hearst Corporation and Fox Searchlight have denied any wrongdoing.

Adam Klein, one of Ms. Bickerton’s lawyers, said: “This lawsuit should send a clear message to employers that the practice of classifying employees as interns to avoid paying wages runs afoul of federal and state wage and hour laws.”