A recent lawsuit involving fashion publication Harper's Bazaar called the magazine's publisher into question for potentially violating time and attendance legislation, the Chicago Tribune reports.
Former intern Xuedan Wang is suing Hearst Corporation for taking advantage of her position as an unpaid intern. She is seeking back pay for regular work hours, as well as compensation for overtime
employee attendance. According to Hearst's website, its interns are not financially compensated for their time, instead receiving college credit - a common practice among organizations that take on interns.
However, Wang maintains that she was used in place of a paid employee to carry out crucial tasks within the magazine's accessories department, which is a violation of Fair Labor Standards Act violations.
"If the interns weren't doing the work then (the magazine) would have to hire someone else to do it," said Elizabeth Wagoner, one of the plaintiff's lawyers, as quoted by the news source.
According to a Department of Labor fact sheet, internships must be educational and beneficial to interns themselves, but employers must derive no immediate advantage from their presence.
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