Unpaid interns that work from home.

Discussion in 'The Veterans' Lounge' started by zipzap, Feb 16, 2017.

  1. zipzap New Member

    Get to beta test the latest versions of games, all while providing your input to make sure the games achieve the highest level of success. This should be a core framework of daybreak. The more talented and brightest could go on to specialized school, paid for daybreak on the condition that they put a 15 year stint in the company. Why isn't this happening? Why aren't these games being designed by the users, who start out as unpaid interns full of bright ideas? What has daybreak got to lose?
  2. Nolrog Augur

    Look up Microsoft Temp Workers lawsuit. That's why.
  3. Prathun Developer

    I am not a lawyer, but I've spent a few minutes today reading up on California labor laws and it looks to be inadvisable, putting it mildly, from a legal perspective, to implement an unpaid internship program with the intent of getting free, productive work from that program.

    A lawsuit.
  4. natefu New Member

    Ok, alternative idea. Daybreak adopts a ton of kids. Puts them to work testing. Bam, family Business. Bullet-proof.
    Vrinda and Prathun like this.
  5. Galidin Journeyman

    On the other hand exchanging work for Food is a core principal of Prathun's over 10 years of service. He negotiated doggy bags into his most recent promotion.


    Corwyhn Lionheart likes this.
  6. Aghinem Augur

    That lawsuit had to do with temp workers who were 1099-Misc independent contractors being treated like employees. When you're a 1099, you are essentially self-employed and are suppose to be the master of your own time. Because Microsoft inappropriately treated them as employees, it was considered 'misclassification of employment status' - which is a good way to get the IRS to audit someone.

    The problem is companies not only have to abide by Federal labor laws, but State labor laws as well. Let me sum up the legal requirements:
    1. Interns cannot displace regular employees.
    2. Interns are not guaranteed a job at the end of the internship.
    3. The employer and the intern(s) understand that the interns are not entitled to wages during the internship period.
    4. Interns must receive training from the company, even if it somewhat impedes on the work of the organization.
    5. Interns must get hands-on experience with equipment and processes used in the industry.
    6. Interns' training must primarily benefit them, not the company.
    To expand on #4, the training provided from the company must be equal to what the intern(s) would receive from a vocational school. This can be very costly and if the training is not up to the standards required by law; it could lead to some unpleasant legal situations.

    Even if a company were to follow this list, there is no guarantee they are protected from any form of civil litigation. While a Judge's job is to make decisions based on how the law is written, California is widely known for Judges to act more like activists rather than Judges; hence the term 'judicial activism'. I understand why DBG would not want to partake in such a program. Its too complex, and too risky.
  7. mackal Augur

    Lawyers gotta eat too.
    Prathun and Aghinem like this.
  8. SonOfABiscuit Elder

    nom nom nom.
  9. Nolrog Augur

    That's pretty much spot on (though I don't know about the part of Microsoft treating them like employees.). However, that ruling has had significant impact through multiple industries. I work on the healthcare industry and we will no longer hire a contractor long term. They can stay a year, 18 months at most and then they have to leave, even if their work is not done, so they cannot be considered an employee. The initial implementation said we could never hire them again (that was changed a while later saying they had to be away from us for 6 months.).

    This ruling, while not exactly the same, had these kinds of reactions throughout all industries in the country.
    Aghinem likes this.

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