Teach-In: Student Labor Rights

Are practicum programs in compliance with Federal labor standards?

What We’ll Cover

• Introduction to SWSU• UW School of Social Work Practicum Program• Department of Labor Standards for Unpaid

Internships• Administrative Response from SSW & CSWE• Student Testimony• Where do we go from here?

Who are we?

• Jooree Ahn• 2nd Year MSW, 1st Year MPH

• Ali Ojanen-Goldsmith• Recent MSW grad, 2nd Year MPH

Who is SWSU?

• Growing student grassroots movement

• Formed in response to students’ concerns

• Issues: broader practicum reform, student labor rights

• Active, ongoing dialogue with SSW Administration

Major Concerns

1) Legality of unrecognized practicum labor

2) Exploitation of practicum students

3) Safety and protection of students

4) Student burden in practicum participation (financial, emotional, social)

Practicum Program: What You Should Know

• Student role at practicum site

• Cost of practicum credits

• Workplace protections

• Student grievance process

What Are Our Roles?

• Submit resume and undergo formal interview process

• Comply with all site policies and procedures

• Perform regular duties of practicum site

• Mandated hours and attendance; typically 9-5

• Financial gain for agencies

• Sites are assigned• Required academic credit

• Practicum “Instructor”• “Learning” Contract

Worker?

Student?

Student Burden

• 1,040 hours of practicum mandated (26 credits)

• Resident Total Cost: $15,361• Pay $14.77/ practicum hour

• Non-Resident Total Cost: $25,706• Pay $24.72/practicum hour

Does not include: • lost wages and benefits • child care• transportation• other costs: books, professional clothing, etc.

Lack of Protection

• Discrimination• Student reports: dismissal based on mental health status,

reporting legal action against intimate partner violence, taking sick days

• Sexual Harassment• Unclear what legal and institutional protections are in place

• Injury• Students assume all risks for injury at their practicum site• Must sign liability waiver

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Grievance Process

• Dealt with according to internal, academic protocol

• Viewed as interpersonal issues where the goals is:

“to reach a mutually satisfactory resolution of a dispute”

• Legal recourse unclear and is not explicitly explained before beginning practicum

DEPARTMENT OF LABOR STANDARDSInternship Programs Under the Fair Labor Standards Act

For an unpaid internship to be exempt from minimum wage and overtime laws, all of the following criteria must be met:

1) The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;

2) The internship experience is for the benefit of the intern;

3) The intern does not displace regular employees, but works under close supervision of existing staff;

4) The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;

5) The intern is not necessarily entitled to a job at the conclusion of the internship;

6) The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

On paper…

1) The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment.

Clarifying language from the DOL: “structured around a classroom or academic experience as opposed to the employer’s actual operations”

Student experiences…

Learning happens at the practicum site, not in a classroom.

Learning is centered on the employer’s actual operations.

On paper…

2) The internship experience is for the benefit of the intern;

4) The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;

Clarifying language from the DOL: “if the interns are engaged in the operations of the employer or are performing productive work, then the fact that they may be receiving some benefits in the form of a new skill or improved work habits will not exclude them from the FLSA’s minimum wage and overtime requirements”

Student experiences…

Many students feel that practicum sites and the UW receive the most benefit.

• Health coverage reimbursement and client payment

• Awarded grants and other funding sources developed by students

• Research, publications and creation of agency documents and manuals

• Strategic partnerships with UW built and strengthened by practicum student labor

On paper…

3) The intern does not displace regular employees, but works under close supervision of existing staff;

5) The intern is not necessarily entitled to a job at the conclusion of the internship;

Clarifying language from the DOL: “If an employer uses interns as substitutes for regular workers or to augment its existing workforce during specific time periods, these interns should be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek. If the employer would have hired additional employees or required existing staff to work additional hours had the interns not performed the work, then the interns will be viewed as employees and entitled compensation under the FLSA”

Student experiences…

• Students have displaced employees.

• Students do the work of paid employees.

• Students do whatever work the agency needs.

On paper…

6) The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

Student experiences…

Practicum sites voluntarily paying students hourly wages.

Practicum sites unclear about legal liability and labor laws.

Practicum sites recognize that students are performing work that would be paid otherwise.

• “Field education is associated with an academic program at an accredited institution of higher learning.

• Field education is structured around a classroom or academic experience, with articulated learning objectives/competencies.

• The college or university exercises oversight over the internship program and provides educational credit.

• The field education experience is supervised by social work program personnel; there is an agreement between the program and the field site as well as a learning contract between the student and the site.

• The Social Work Field Education program is meant to be solely educational and provide training to prepare the professional social worker. It is not meant to supplant or replace existing employees of social work within the field education program site.

• The field placement is meant to provide an educational and training opportunity to the social worker and is not meant to provide any immediate advantage to the employer or the field site.”

-CSWE response as circulated by UW SSW Administration

The SSW Administration and the Council on Social Work Education (CSWE):

Our hopes for collaboration…

1) Work to strengthen the practicum experience for students

2) Initiate an audit on the practicum program, specifically the legality and student concerns

3) Opportunity for leading SW school to set a precedent

Student Voices

and

Student Testimony

Where do we go from here?

Why Join UAW 4121?

1) Stronger representation of social work student labor issues

2) Channel to spread awareness and form partnerships

3) Large interest and support across campus for our specific issues

4) Solidarity with other labor issues on campus

Join UAW 4121

1) All graduate students, regardless of UW employment status, are eligible.

2) Propose initiatives and voting power

3) Hold office within UAW

union: a number of persons, states, etc., joined or associatedtogether for some common purpose

Social Work Student Union

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