Complying with the DOL’s Apprenticeship Rules APPrentiCeSHiPS in reStAUrAntS, and internships in fashion, media, and entertainment, have long been an accepted practice—a common rite of passage, frequently seen by hardworking, ambitious individuals as the best way to get one’s foot in the door of these highly coveted industries. Long hours, little to no pay and menial tasks has often, at least in part, defined these opportunities. It has also provided opportunities for plaintiffs’ attorneys to file both individual and class action lawsuits alleging wage and hour violations, many predicated on the failure to pay minimum wages along with the myriad of additional statutory labor code violations that stem from the wage violation. In the culinary world, many world-renowned chefs have participated in apprenticeship programs at some point in their careers, even highlighting this training on their resumes. This tradition has been especially popular in Europe for decades: Wolfgang Puck, Gordon Ramsay, and Jamie Oliver all worked as apprentices. Chef Jacques Pepin wrote extensively about the merits of his apprenticeship in his autobiography. Despite this widely accepted custom abroad, chef apprenticeship programs in the United States have recently come under fire. In 2012, aspiring chef Edward Kim sued New York restaurant Spitzer’s Corner, claiming he worked 90 hours a week for less than $3 an hour. Kim alleged that instead of shadowing and learning from the restaurant’s chef, he primarily butchered meat in the basement and completed menial chores and errands for the restaurant. The case settled for an undisclosed amount. 10 California Hotel & Lodging Association Winter 2015 There has been a similar backlash in the entertainment industry. In one of the most highly publicized internship disputes this year, a class action was filed against Fox Searchlight Pictures by former interns who worked on the 2010 Darren Aronofsky film, “Black Swan.” Lead Plaintiff, Eric Glatt, claims he left his $95,000 a year insurance company job to intern on the film, with hopes of one day becoming an editor. Glatt alleges the internship predominantly consisted of running errands for Aronofsky, including shopping for scented candles and specialty teas.1 While most restaurant apprenticeships are not patently abusive (like the Kim case), opponents argue that anytime you obtain cheap or free labor; there is a propensity for abuse. Additionally, many proffer that unpaid apprenticeship programs and internships, by their very nature, eliminate paying jobs. Proponents of the practice maintain that, whether it’s at a Hollywood studio or a high-end restaurant’s kitchen, the intern or apprentice receives invaluable experience. Regardless of the merits, restaurants would be wise to ensure they comply with the Department of Labor’s (DOL’s) requirements for 1. Fashion and media internship lawsuits are on the rise. Gucci, Calvin Klein, Marc Jacobs and Oscar de La Renta have all recently been slapped with lawsuits by former interns. Condé Nast, a major publisher that utilized 7500+ interns for magazines including Vogue and Vanity Fair, just settled a class action lawsuit for $5.8 million; Condé Nast subsequently canceled their internship program. A Recipe for Avoiding Liability By Dana Kravetz, Esq.
CH & LA Winter 2015
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