O’Melveny’s Robertson Quoted in Law360 Article on Misclassifying Unpaid Interns

March 16, 2012

O’Melveny & Myers Labor & Employment partner Mark Robertson was quoted in the March 15, 2012, Law360 article “Employers Beware: Unpaid Interns Ready To Cash In.” In the wake of three recent wage and hour class actions accusing high-profile media and entertainment companies of misclassifying workers as unpaid interns, Robertson noted that this issue received a lot of attention two years ago. He pointed to the former US Department of Labor’s Wage and Hour Division Nancy Leppink who commented to The New York Times on how there we not too many situations in which for-profit employers could legally have unpaid internships.


“Frankly, I expected to see more lawsuits soon after that and didn't,” Robertson told Law360. “The employer is supposed to get no benefit from unpaid internships, which is arguably an outdated and odd standard that is in need of revision.  Most employers and interns are hoping to have a win-win situation, and a standard that allows the employer to receive benefits from the internship makes much more sense.”