“Their claim for back pay after the fact has absolutely no merit.”
In the United States, parties making employer or other contracts can’t “agree” to things that violate the law. You can’t “agree” to forgo overtime after eight hours. It is still owed you, and the employer must pay you.
In the case of these bogus entertainment industry “internships,” you can’t “agree” to fetch coffee for free. The employer is breaking the law. You must be compensated.
This intern is going to win, and win big. The Fox “Black Swan” intern case set the precedent.
There is a difference between and employer pressuring an employee to work overtime without pay (or without extra pay) and an unpaid intern claiming that her internship was actually a paid position, just without a paycheck. I hope this little liar loses her case (someone who agrees to work for free in return for learning about the job and then sues to be paid for that work is a liar). I also hope no one will ever hire her for anything other than the register at McD's. Your word is your bond, and I have no patience with people who use the courts to renegotiate for a better deal after the fact.