We talked to the Black Swan Intern who Sued Fox. He's Not Giving Up.

After the economic crash, Eric Glatt decided he'd had enough of Wall Street. Now was his opportunity to do something a bit more creative. He had worked on a few documentaries and was excited about the idea of working on a feature film. But his Hollywood dreams began to unravel as it became clear he'd have to pad his resume with any job–every job–as an unpaid intern.

Glatt's first gig was as a production intern on the Oscar-Winning film “Black Swan” between 2009 and 2010. During his roughly six-month stint, he handled paperwork, petty cash, bank runs and other accounting department tasks.

He thought he could “suck it up,” but the whole idea of being unpaid started to get under his skin.

Glatt, along with another former intern, Alex Footman, sued the film’s producer, Fox Searchlight Pictures, in 2011 seeking back pay for their labor. A federal district court judge in New York ruled in their favor, finding that they should have been classified as employees.

The ruling set off a wave of claims by disgruntled interns, and many large firms including Viacom, NBC and Condé Nast shelled out millions in settlement dollars.

But the tide may be changing. Glatt and Footman’s big victory against Fox was overturned last week by a federal appeals court that set forth a new set of guidelines rooted in the “educational aspects of the internship” instead of the Department of Labor’s six-point checklist used to determine whether interns must be paid.

As the ruling states:

In sum, we agree with the defendants that the proper question is whether the intern or the employer is the primary beneficiary of the relationship…

I spoke to Glatt, a recent law graduate from Georgetown, about the latest decision, which could have broad ramifications for interns and employers.

Edited excerpts:

What do you think about the recent court decision?

Eric Glatt: It’s disappointing. I think it establishes a terrible set of conditions that will make it very difficult for interns to call out bad actors.

The court found that the test to determine whether an internship should be paid or not hinges largely on its educational benefits. What are your thoughts on this?

Unfortunately, this issue gets clouded because students and schools value an internship for the more job-like they are. It sends this message that labor performed by a new comer or somebody still learning the ropes is not even worth a minimum wage. Employers can eliminate entry-level jobs and replace them with interns and then pat themselves on the backs for giving students opportunities. Whether a person is enrolled in school or not, if a person is performing a job that benefits the employer, they deserve minimum wage.

Your decision to go to court set off a slew of lawsuits. What do you think about the other suits that have been brought by interns against their employers?

When I filed the suit, I didn’t think anyone would care. The fact that this has led to more than 30 federal court cases and countless numbers of small court cases, has been incredible heartening.

Do you think there will be a slowdown in suits or more reluctance to go to court given the latest judgment?

The uncertainty of succeeding with a class action under this new standard might give lawyers pause before bringing such a case. Class actions can be expensive to litigate, but for a minimum wage complaint like this, they represent one of the most effective ways to force employers to take notice. Individuals with individual complaints might find it hard to find representation for a small claim.

For some, working an unpaid internship is a hardship. What do you think about this practice and the way in which it exists today despite all the suits?

It’s unconscionable. There’s a class exclusion aspect baked into this. I live in Washington D.C. now and this is a city rife with privileged adults coming to town to do these unpaid internships. It’s inherently selective who applies and who comes. And that affects what voices are heard in the halls of power. For those from more modest means who ‘afford it’ by taking on more debt—student loans or credit cards, or a parent’s second mortgage—that amounts to a windfall for the lending banks and loan service companies.

What advice would you give to interns now, particularly those who are doing unpaid internships?

I know that interns don’t have a lot of individual leverage, but collectively, they can create change. If you’re a student, find other students who share your concern and frustration. Reach out to groups like Intern Labor Rights for information, host a teach-in, find other groups organizing around the issues faced by young adults today, look at what other students have done at other schools to push their schools to be more accountable, get the conversation started in the on-campus paper. The most important thing is finding others who feel the same. There is nothing better for making one's voice feel strong and powerful. And if you think your internship might have been illegal: Consult a lawyer.

What advice would you give to employers?

Pay your interns.

This post was written as part of the #Interning series, which is tied to LinkedIn’s new student editorial calendar. Follow the stories here or write your own.