Fox Searchlight Loses Key Ruling In Intern Labor Lawsuit Daniel Miller
June 12, 2013

Fox Searchlight Pictures has lost a key ruling in its long-running legal fight with former interns who worked on 2010’s “Black Swan” and other movie productions.

U.S. District Judge William Pauley issued a summary judgment on Tuesday in New York, saying Fox Searchlight violated minimum wage laws by not paying interns. The judge also certified a class action for interns who worked for Fox Entertainment Group, the parent of Fox Searchlight.

The matter stems from a September 2011 lawsuit filed by former interns Eric Glatt and Andrew Footman, who alleged they performed menial tasks — such as retrieving lunch for other workers — that should have been assigned to paid employees of Fox Searchlight. The former interns alleged that the internship program violated minimum-wage and overtime laws.

                                                                                    *                 *               *

Pauley wrote in his ruling that Fox Searchlight should have paid the interns, saying: “Considering the totality of the circumstances, Glatt and Footman were classified improperly as unpaid interns and are ’employees'” under New York labor law and the federal Fair Labor Standards Act.

“It’s an important ruling because it reinforces the well established principle that you have to get paid when you work,” said Justin M. Swartz, an attorney who represents the plaintiffs. “There is no internship exception to this country’s labor laws. We are happy that the judge recognized that our clients did work to the benefit of the company and the company was responsible for pay for them.”

                                                                                    *                 *               *

The case is a significant one for the entertainment industry, which is populated by companies that have long relied on internship programs for staffing.  

                                                                                    *                 *               *

After Glatt and Footman filed their lawsuit, other former Fox interns joined the matter:  Eden Antalik, a corporate intern at Fox Entertainment Group; and  Kanene Gratts, who worked on Fox Searchlight’s 2009 film “(500) Days of Summer.”

Antalik sought to include unpaid interns who worked at various Fox Entertainment Group units from Sept. 28, 2008 to Sept. 1, 2010. A motion for certification filed by Antalik was granted by Pauley.

“Antalik has put forth generalized proof that interns were victims of a common policy to replace paid workers with unpaid interns,” Pauley wrote. “Though there are disparate factual and employment settings, the common issues of liability predominate over individual issues and defenses.”

                                                                                    *                 *               *

Pauley wrote in his Tuesday ruling that “Searchlight’s power to fire ‘Black Swan’ production staff was unbridled.”