Could an unpaid MFT associate sue for wage theft and win?

The BossIn 2013, two former interns at publishing company Conde Nast filed suit demanding back wages and attorney fees. Their lawsuit came on the heels of two other successful lawsuits demanding that interns actually get paid for their work: A federal district court sided with the interns who sued Fox Searchlight Pictures, saying the interns should have been paid for their work on the film “Black Swan.” And the year before, Charlie Rose and his production company agreed to pay up to $250,000 to more than 150 former interns to settle a class-action suit.

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How to seek back pay from an unpaid internship

USCurrency_Federal_ReserveI’ll be presenting to the California Board of Behavioral Sciences tomorrow on the possibility of changing the title for a post-degree, pre-license MFT from “intern” to “associate.” [Update: That change is going to happen. It takes effect in 2018.] The current intern title is confusing for interns and employers alike, and is likely one reason (albeit certainly not the only one) why so many prelicensed MFTs in California work in unpaid internship settings.

The licensing board meeting will be webcast, and you can get to the webcast through the BBS meeting calendar. But for those who have been through a post-degree unpaid internship in mental health, there are ways of seeking — and sometimes getting — back pay that don’t require a change in professional title.

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No one really knows what supervisors should pay for

California flagCalifornia law — with apologies to folks in other states, this post is pretty California-specific — says that any master’s level therapist who is not fully licensed cannot “lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of their employers.”

Fair enough. But what reasonably is an “obligation of their employer?” What should you expect to see as supervisor expenses, and what should you expect to pay for yourself as an intern? I surveyed MFT interns in the state to find out.

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