College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Alex Footman...worked as an unpaid intern for Black Swan, a film that won numerous awards and grossed over $300 million.
Footman was hoping an internship with Black Swan would open doors in Hollywood. Instead, it has made him rethink his career plans. "This was six months of my life which left me nowhere further along in my career than before," Footman says. "It was not a learning experience and that was what I had expected. This really just seemed like I was just working and wasn't getting paid for it."
He's now part of the open class-action lawsuit against Fox Searchlight Pictures, the film's producer. He and another unpaid intern, Eric Glatt, are suing to win back pay for the hours they worked. They're also filing for an injunction that would keep the company from hiring unpaid interns in the future.
Truly stunning. A couple of quick thoughts:
- This lawsuit will be the last time Fox Searchlight or any employer in that business will open up their studio to interns. Taking on an intern is often more trouble than it’s worth. Add on to that the risk of getting sued, and what's the point?
- Outlawing unpaid internships is a great way to protect those who are already on the inside and have connections (e.g. kids whose parents are in the business). If my son or daughter wanted to get into the movie business, the only way they might be able to get in and compete with others who grew up around the business would be to offer their services for free.
- In the end, you can require internships to be paid, but then you will either have no internships or internships for only people who have connections and are on the inside. Personally, I prefer a world where there is opportunity for anyone to break into an industry if they want it badly enough.
In closing, this was in the comment section, and makes me feel better about the world:
“Wow. I'm a film student and I can't even count how many times I've worked for free on small independent films. Meanwhile this guy can literally put "Black Swan" on his resume. Yes you have to do a lot crap work in the beginning without little in return. But, if you do your job well people will notice and you'll eventually start working your way up. You know what doesn't work your way up in the industry? Suing companies who let you on their set.”
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Oct '11
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Starve the Beast
Now I'm entering the real world, and I'll sue anyone who disappoints me.
Did they teach you to build straw men in school, or is that something you picked up at the senior center?
Dec '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
QuickerBrownFox
Starve the Beast
Now I'm entering the real world, and I'll sue anyone who disappoints me.
Did they teach you to build straw men in school, or is that something you picked up at the senior center? · Nov 15 at 9:05pm
While Starve The Beast is painting a caricature, it is no straw man. I spent my formative years in the rural part of a deep red state that hasn't gone Dem for president since '64, then went to a pretty religious university. (no smoking, drinking or premarital sex, even for professors.) Despite those circumstances, I only had a couple of educators who were coming from a conservative point of view. Like journalism, education attracts far fewer conservatives than liberals, and at some point as a student, you just accept the liberal view as typical.
Edited on November 16, 2011 at 8:32amOct '11
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Beasley
While Starve The Beast is painting a caricature, it is no straw man.
With a paint sprayer. And it is a straw man in this case, because a self-esteem culture has nothing to do with an isolated case of a couple kids feeling cheated. They worked for free in the expectation of non-monetary benefits, didn't get them (or earn them, not sure on the details as they actually happened), and now want the money. They assumed the risk and wrongly feel entitled, but it's not because they had high self esteem. It's because people feel screwed when they work hard for someone and don't receive what they expect, a sentiment that's existed for thousands of years. Dumping on the younger generation's a thousand year old tradition too.
I agree with all your points about teachers and journalists. Every teacher I know has had a lot of faith in the state, and usually that's meant a liberal bent. But I think it's problematic to point to this as an illustration. I can show you a dozen unionized Boomers that feel the same way about their jobs. It isn't generational.
Dec '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
QuickerBrownFox
Beasley
While Starve The Beast is painting a caricature, it is no straw man.
I think it's problematic to point to this as an illustration. I can show you a dozen unionized Boomers that feel the same way about their jobs. It isn't generational. ·
Your right, it's not exclusively generational. This point never stuck with me until I heard Robert Sherrod's narration for WW2 in HD, where he described the soldiers headed to the pacific front as young, undisciplined and unready for battle. We all know what that experience shaped those men into.
I would also like to clarify that I'm not just engaging in generational sniping. I'm likely the same age these two boys.
Their case does exemplify some disturbing trends that I believe are signs of decline, particularly in this (my) generation.
1) Part of their lawsuit has nothing to do with them, but inhibits other young potential film-makers from being able to make something of the opportunity that they were given. Since their claim was not they they were abused, just short-changed, I see this behavior as indefensible. As well, the broad ambiguity of their claim opens the opportunity for any person whose hopes and desires in a new job, superseded their outcome, to files suit rather than simply quit and find something else.
I also agree that there are many unionized Boomers who would concur, and this illustrates my second point.
Edited on November 16, 2011 at 10:11amDec '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
2) Unions as well as Universities have swung dramatically to the left in the last half century. Instead of existing to insure the safety and reasonable treatment of their workers, most unions are just front groups for politically motivate extortionists. Why else would manufacturers move to right to work states, and pay workers near equivalent salaries? (I and Thomas Sowell would argue to pay absolute equivalents would put companies in the same financial duress as their unionized competitors.)
Likewise, Universities have become indoctrination centers for liberal thought. Since the late '60's the balance of liberals in education has swung far to the left, and have evangelized the importance, not only standing for liberal policy, but of enforcing that belief through policy onto their peers.
How does this apply to the example of Mr. Footman? I go back to my point that his grievance is not only for himself, but affects any person who would care to accept the same compensation for the opportunity he was granted.
It is one thing to claim you were inadequately compensated. It is something else to claim it was an injustice so severe, that others need protection against it. If the two boys in this lawsuit can find a slightly larger group to concur with their claim, my mind may be swayed. Until then, they sound like all the other economically uneducated whiners I hear on a day to day basis on my college campus.
Edited on November 16, 2011 at 10:12amMay '11
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Under the Fair Labor Standards Act, the legal test for determining whether someone qualifies to be an unpaid intern, rather than an employee, is as follows:
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.
http://www.dol.gov/whd/regs/compliance/whdfs71.pdf
Oct '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Larry3435: Under the Fair Labor Standards Act, the legal test for determining whether someone qualifies to be an unpaid intern, rather than an employee, is as follows:
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.
http://www.dol.gov/whd/regs/compliance/whdfs71.pdf · Nov 16 at 5:12am
These laws are stupid.
Sep '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Todd
Larry3435: Under the Fair Labor Standards Act, the legal test for determining whether someone qualifies to be an unpaid intern, rather than an employee, is as follows:
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.
http://www.dol.gov/whd/regs/compliance/whdfs71.pdf · Nov 16 at 5:12am
These laws are stupid. · Nov 16 at 6:46am
Eliminate minimum wage and they go away.
Sep '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
I don't know the merits of this case, but I'm not going to automatically assume these interns have no argument after some of the things I've been through in my career in "show business". When I was young and green I was promised so much that turned out to be shameless lies and cynical exploitation. It was always a learning experience, you learn to stop doing it. If this wasn't showbiz related I'd probably have refrained from commenting. But execs in showbiz have learned to monetize the glamour and the fact there are so many people trying to break into the field, And "opportunity of a lifetime" Is a real overstatement. I know tons of people who worked on films as extras (paid) assistant directors etc. suffice it to say they haven't quite "made it" yet.
Jun '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Along a similar vein I just saw this news article about internships for the unemployed in England. What do you think?
http://www.guardian.co.uk/society/2011/nov/16/young-jobseekers-work-pay-unemployment
May '11
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Todd:
These laws are stupid. · Nov 16 at 6:46am
Seriously, you have NO idea. I am a California labor lawyer and I have handled thousands of these crazy lawsuits. When you have seen lawsuits seeking tens of millions of dollars in damages because a company's paychecks are not in the proper format (that's right -- not the amount, just the format), lawsuits like this pale by comparison. Just this week the California Supreme Court heard argument on whether an employee can refuse to take a non-working "meal period" (e.g., whether a long-haul truck driver who would rather eat while driving must be forced to pull over and sit on the side of the road, and gets fired if he doesn't). You couldn't make this stuff up.
Edited on November 17, 2011 at 1:28pm