The legal job market can be tough for new graduates, especially for those who do not attend the favored law schools. Due to this, some people are thinking about working for free, hoping it will give them a leg up. They may have an anecdote or two about someone who became successful by initially offering to work for free.
Under the right circumstances, working for free can get your foot in the door, help you gain connections and trust with the right people, and provide entry-level experience. On the other hand, you could be perceived as needy, unemployable, and desperate. And some employers will only have you do menial or nonsensical tasks.
Unpaid work is a controversial subject, particularly in recent years. In many states, unpaid work — even if volunteered — is illegal with a few exceptions, such as school internships. But in reality, some people will do it anyway, usually on an informal basis.
For those who are going to do free work whether legally or on the down low, take the following precautions to minimize the chances of being exploited with nothing to show for it.
First, try to obtain internship credit at your school. Or get independent study credit if your school allows this. This seems simple enough and, if approved, employers will feel a lot better about hiring you. But some law schools only provide free internship credit for government or nonprofit work and not for private law firms, usually citing legal reasons or fearing student backlash.
Second, if you are going to work for free, work for someone you know or respect. That person should also respect your time and treat you accordingly.
Third, you should be allowed to list your work and the firm’s (or company’s) name on your resume. Some firms do not allow this, usually in situations where someone is secretly working for one of the partners (or even an associate).
Lastly, work only for as long as you need to. You should be enjoying your work or learning from it. If there is nothing to do, you should be allowed to leave. Most importantly, scut work should not be tolerated. By working for free, you are already “paying your dues.” Menial work might be appropriate if everyone in the office also puts in their share.
Next, I have some thoughts for employers who are interested in getting free help.
First, call your colleagues practicing plaintiff-side employment law and ask them three questions: (1) what their contingency fee was for unpaid labor cases, (2) their state government’s fines and penalties for unpaid wage violations, and (3) how some employees have caused financial headaches for their employers by taking advantage of employment and workers’ compensation laws. Hopefully the large numbers and horror stories will make you think twice before accepting free labor.
Second, check your state’s minimum wage and payroll taxes. If you do some calculations, it is possible that the cost of paying someone is not as high as you think.
Third, if you are not going to pay even minimum wage, at least buy them food and reimburse them for gas. They should not lose money by volunteering.
Ideally, all work should be paid, even if the person doing the work has no experience. But some people will volunteer to work for free in exchange for the experience. While free help is tempting, employers should not accept it even if it is volunteered. The legal risks highly outweigh the benefits.
Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at stevenchungatl@gmail.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.
#Work #Free
