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Joined 1 year ago
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Cake day: June 16th, 2023

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  • I’m not sure you understand how the law works. Read “Glatt v. Fox Searchlight Pictures Inc.” (https://caselaw.findlaw.com/court/us-2nd-circuit/1706417.html), where unpaid interns who worked on the film “Black Swan” sued the production company. The interns argued that they were actually employees and thus entitled to minimum wage and overtime under the Fair Labour Standards Act (FLSA) and New York labour law. The court agreed with the interns, finding that they were essentially regular employees.

    To contrast with an unsuccessful case, I present “Wang v. The Hearst Corporation” (https://caselaw.findlaw.com/court/us-2nd-circuit/1882161.html), where unpaid interns at various magazines published by Hearst sued for wages. The court used a “primary beneficiary test” to determine whether the interns or the company were the primary beneficiaries of the arrangement. The court found that the interns were the primary beneficiaries, so they were not entitled to wages.

    I think it would be hard for Reddit to argue that subreddit moderators are the primary beneficiaries of their labour, meaning if the mods unionise and bring a case, they might actually be successful.