If you’ve been following the case of Xuedan “Diana” Wang vs. Hearst Corporation as closely as Ed watches Game of Thrones, then you know major news broke in May 2013 regarding its class action status. After a judge ruled that the case couldn’t proceed as a group due to lack of “commonality,” news outlets announced the demise of the “Great Unpaid Intern Uprising.” Even though Diana’s individual case, in which she is demanding back pay and tuition fee reimbursement, is still on its way to trial (which all the news outlets failed to mention, btw), it’s unlikely to have the impact of the class-action case. So what does this mean for unpaid interns as a whole? Ed caught up with Diana to hear her reactions — and if her individual case can still make a difference.
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Ed: What was your initial response to the news and when did you find out?
Diana Wang: I found out on [May 7, 2013] through my attorneys. I was really upset. I also didn’t 100 percent understand, the way things have been left, or what was happening with the other complaints. It was kind of complicated. I talked to [my attorney] again and asked for more clarifications and I understand things now.
Ed: What do you think this news means for interns?
DW: Unfortunately, it’s a little bleak. Not much has changed. One of the initial feelings I had was a feeling of letdown. It was a let down for me and for all present and future interns unless things got better. It wasn’t good news for anyone in this situation. [Ed note: Coincidentally, after Diana’s lawsuit was initially filed, other big magazine publishers have either begun paying their interns, providing stipends, and/or creating more structured internship programs. Things that make Ed go, “Hmm.”]
Ed: The judge ruled the responsibilities among all the interns were too different to qualify for class action. Do you agree?
DW: I understand why he thought he couldn’t lump all of these interns together. I’ll admit I don’t know what all of these interns did, but everyone spent time [at Hearst] and time is money. Especially when you have to pay money [Ed note: Diana is referring to tuition fees that need to be paid to make the internship a credited internship] just to put time in for Hearst. I feel like we were similarly situated in that way. I do understand the judge’s decision, but it basically excuses Hearst from having allowed some of this nonsense to go on. I don’t know how closely they’re monitoring their internship program now, but they’re going to have to accept the responsibility that they really did exploit so many people.
Ed: Any misconceptions from the coverage in the past few weeks that you want to clear up?
DW: The fact is there is actually still an on-going case for all of the named plaintiffs, including myself [Ed Note: According to Diana, there are about 10 named plaintiffs. “We’re waiting to hear what happens with us,” she says. This is regarding individual requests for tuition and back pay for unpaid labor.] As part of the judge’s decision, he said he could not make a decision about us, the named plaintiffs. That will have to go through a jury, so there will be a trial. As far as the class certification and deduction complaints, my legal firm is trying to decide how to move forward.
Ed: Other websites have noted that without class-action status, it’s unlikely there will be new individual cases filed on behalf of unpaid interns, citing that the payday is too small for lawyers to bother fighting for. How do you feel about that?
DW: It really upsets me. One site consulted a lawyer and he said, in other words, “If all of these individuals want to pursue their own cases, they can. But what lawyer would want to take that on? They’re basically entitled to minimum wage.” When he said that, it was so discouraging to me. I felt so insulted by it. I felt upset about the fact that there are people reading this coverage who might think, “Well, that’s it.”
Ed: Do you think there’s still hope for unpaid interns?
DW: I actually don’t think this is the end of it at all — I think that it’s just the beginning. We’ve already shown that there are people who want to stand up to the status quo. Now, a lot more people can feel like they can actually say something when normally they can feel defeated and think, “Well, this is what we have to endure.”
Ed: Do you have any regrets?
DW: No. I really don’t. Before, no one was talking about [exploiting unpaid interns]. It was such a “hush hush” part of so many industries what these little worker bees are up to all day long. There are interns who haven’t been comfortable with the things they’ve been doing. At least they’re thinking to themselves, “We’re not completely silent.” They might feel a little less fear to come forward and complain.
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Now, be honest with Ed: What was your reaction to this news? Were you surprised? Do you think Hearst and other magazine companies will start paying their interns? Or at least stop charging for school credit? Drop Ed a note on Twitter at @Ed2010News or on his Facebook wall. And stay tuned for more on Diana’s individual case. Ed will be covering it.
Elizabeth Lilly
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