Narconons In USA Facing Labour INTERN Labour Law Challenge

Discussion in 'Narconon, Drug Free World, and Other Anti-drug Fro' started by Intelligence, Dec 9, 2012.

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  1. Intelligence

    Intelligence Silver Meritorious Patron

    I debated, in sleepless nights, trying to decide if I should publish this project because of concerns with OSA trying to "Handle" before shit hits the fan? But the law is the law and nobody is above it won.

    So, I'm going ahead with Forum Threads in case others wish to input opinions and suggestions.

    Unlike the SEA ORG, Narconons in the USA can NOT claim "Religious" protection from investigation and prosecution for violating US Labour Laws for Narconon Interns.

    In Canada, I went after Narconon Trois-Rivieres for Labour Law Violations from not paying minimum wages and WON easily. THE LAW IS THE LAW :)

    Because I'm quite busy with Human Rights Commission Cases in Canada, I avoid taking on something without merit - - this has merit, with devastating ramifications if Narconon loses, which I expect they will.

    http://blog.nwjobs.com/careercenter/hiring_interns_for_free_labor_is_a_no-no.html

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    http://tinyurl.com/be6h8bq

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    An interesting decision in Canada:

    http://www.hrcr.org/safrica/equality/quebec_coutu.html

    For Victims who feel they should have been paid wages for work performed, the government will investigate and make a decision at no cost to the complainant. The following one is for Colorado, but each State has similar options:
    https://secure.cdle.state.co.us/eCompExt/Default.aspx

    http://www.prnewswire.com/news-rele...ccording-to-outten--golden-llp-142678445.html

    The Beginning of the End of the Unpaid Internship:

    http://business.time.com/2012/05/02/the-beginning-of-the-end-of-the-unpaid-internship-as-we-know-it/

    # # #
    Employers: misclassification of interns and other employees can be costly

    http://www.lexology.com/library/detail.aspx?g=b9cb5a71-44f0-4508-94a8-0f9dce5109a7

    [SNIP] ***(Case Precedents)*** - -

    In my opinion:

    What makes Narconon's exploitation of Patients so insidious under State and USA Federal Law is using vulnerable people with disabilities; as per U.S. Department of Health & Human Services. [These risks include: medication and health problems, societal enabling, a lack of identification of potential problems, and a lack of accessible and appropriate prevention and treatment services.]

    These desperate victims have paid $30,000 to be treated for their disease of addiction and ONLY received Scientology Training Routines and Auditing Sessions without the Victims awareness or consent. In fact, the Victim did not have the “mental capacity to form intent” when signing documents upon arrival and intake.

    Following 3-6 months of Cult indoctrination, leaving the patient disoriented, confused, in fear and lost, Narconon recruits the patient to work for Narconon as an INTERN, without remuneration or concern for the patient’s need for qualified aftercare; helping them to remain drug-free. The Patient’s work is for the benefit of the EMPLOYER for the daily operations of the center; ONLY the employer benefits and no INTERN training received by the INTERN - - AND/OR any education that could be used in any other industry or work place except for another Narconon located elsewhere.
     
  2. Intelligence

    Intelligence Silver Meritorious Patron

    Following a lengthy Government investigation, I'm expecting a 25 page Report this week concerning the Exploitation of Narconon Patients. After review, Narconon in the USA could also be facing several Human Rights and Freedoms violations of a serious nature.

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  3. Intelligence

    Intelligence Silver Meritorious Patron

    A pending arguement that, no doubt, Narconon may try, is that the Intern receives room and board in exchange for wages?

    IMO, this will not hold water. The State and Federal government in the USA is being denied State and Federal income taxes, the Employer (Narconon), avoids paying Unemployment Insurance contributions and Social Security benefits etc.

    If Narconon was abididing by the Law, they MUST pay a minimum wage, with deductions, then charge the Employee a fee for room and board.

    So, not only is Narconon ripping off the Employee, but also State and Federal government.:omg:

    .
     
  4. Anonycat

    Anonycat Crusader

    David,

    This leaves no doubt that a Narconon "graduate" is qualified for little more than to be a scientologist "in good standing". They are easily qualified by their addiction disease "handled by 100% pure tech", and through the virtues of cold turkey and white-knuckle abstinence, may be routed into the cult's main staff pool. At $50 per week.
     
  5. Anonycat

    Anonycat Crusader

    I don't think that would be wise for them, if Narconon is only licensed for outpatient. It only reinforces the scam that they have been illegally running. And yes, an employee MUST be paid at least minimum wage for work done.
     
  6. Intelligence

    Intelligence Silver Meritorious Patron

    Thank you for the input. What REALLY pisses me off about this Scam, is that 80% or more on the Interns in the USA and what they're called as "In Trasition" in Canada, relapsed.

    Lucas Catton commented about this a couple days ago on Radio Paul's show, saying that they INTERN so many students because there is such a high turn-over rate.

    At NN TR, 5 of us were hired in one month at $100 per week ($2.50 per hour) - - I have dox proving that 80% RELAPSED.

    I filed with the Quebec Labour Board after leaving and WON. I just received a message about Scooter winning in Australia with the Fair Work Australian Federal Dept?????

    Graduate Patients need qualified aftercare, not more COS Indoctrination! Some of the ones who relapse DIE! Grrrrrrr:bigcry::bigcry::bigcry:

    .
     
    Last edited: Dec 9, 2012
  7. Anonycat

    Anonycat Crusader

  8. Anonycat

    Anonycat Crusader

    This is what really stinks of work abuses, and human abuses - they know it's a grinder, so they compensate by getting more people to replace the one's that were not able to function to their needs. Horrible and cruel.
     
  9. Intelligence

    Intelligence Silver Meritorious Patron

    Indeed, it is VERY cruel and Exploitive and as the Quebec Human Rights Commission stated in their milestone decision (that we are using as Case Precedent):

    http://www.hrcr.org/safrica/equality/quebec_coutu.html

    Charter forbids all forms of exploitation aimed at the aged and the handicapped. The Tribunal finds that the legislation does not only address economic exploitation, but also concerns physical, psychological, and social or moral exploitation.

    The Tribunal finds that there was nothing to justify such exploitation. Even if one were to accept the argument that regular work brought certain advantages to the residents, this could not in anyway justify exploitation on the part of the employer who unscrupulously benefited from such labour without ever paying any form of remuneration.

    The evidence also showed that staff members lacked the qualifications required to work in such a centre. Mr. Coutu showed a preference for individuals and employees whose only qualifications rested on family ties. The Tribunal also finds that the residents were subjected, on a daily basis, to behaviour and situations which violated their rights: staff members showed contempt and a lack of respect towards the residents; the residents were regularly treated as if they were children and often placed into humiliating situations which did not respect their right to privacy. The residents were deprived of their rights by outdated institutional practices that were put into place and tolerated by the administration. Moreover, the violation of the residents' rights by Mr. Coutu and the complaints under his control was both intentional and deliberate.

    ***The Tribunal rejects the argument that the residents or others consented to such treatment. There can be no consent or agreement with respect to exploitation.***

    # # #

    Another Decision will be made early 2013 concerning the FIVE (5) Cases under investigation concerning NN TR et al.

    .
     
  10. Anonycat

    Anonycat Crusader

    I remember your bringing up exploitation of disabled people, and this case really has all of the characteristics of blatant abuse and exploitation. Thanks to all who have helped in ending the abuse and "blood for money" policies of Narconon/Scientology.
     
  11. Intelligence

    Intelligence Silver Meritorious Patron

    AND, what is most important about this ^^^ exploitation, both in Canada and the USA, is, in Canada there is no problem about an addict being a disabled person in rehab (Canada Supreme Court Decision), AND in the USA, the Laws FORBID the same exploitation, but with slightly less teeth.

    It is a proven fact in Canada and the USA, that many/most addicts have a dual disease (addiction & mental) - - this lends merit in the USA cases for Exploitation of a Disabled Person in Rehab. The USA classes the dual aspect as Patient having a disability.

    Also, if USA patient ONLY has addiction disease to Prescribed Meds, (not illegal drugs), then they are defined as having a disability before and while in a USA Rehab.

    So, not only is Narconon violating US Labour Laws, but also, exploiting Patients with disabilities by coercing/exploiting them for Slave-Labour at no or very little pay.

    Have the Links to all this and will post in due course:)
     
  12. Anonycat

    Anonycat Crusader

    The "agreement" dox are posted in this thread for people to verify - NN has disabled people sign under duress that they will go along with not being paid.

    Another issue with their employee screening, is the use of the Scientology owned and licensed OCA, which is useless, and created by Hubbard's demand:

    Ray Kemp wrote:
    However, making stuff up, doesn't mean it's valid: http://en.wikipedia.org/wiki/Oxford_Capacity_Analysis
     
  13. Intelligence

    Intelligence Silver Meritorious Patron

    I'm still reviewing these ^^^ and comparing them with the ones I have from NN TR and a couple other countries. All are nearly exactly the same, with slight variations depending on date published, and any policy changes?

    Important to keep in mind, is that the US Federal Labour Laws override any State Labour Laws concerning minimum wage - - must be a least Federal wage.

    AND, all State and Federal Laws trump any and ALL gibberish the cult has in their employee/intern contracts/agreements. Also, all parties to a contract/agreement, must "have the mental capacity to form intent" (Contract/Tort Law), or the agreement/contract is void.

    Narconon using the OCA is another issue - - more towards "Discrimination" in hiring practices etc. I have addressed this in another Thread,
    and I do forsee more headaches for NN in the future over it.

    .
     
  14. AnonyMary

    AnonyMary Formerly Fooled - Finally Free

    As you you know, Narconons are non-profits. Below are some other references that discuss paid and unpaid interns, stipends vs wages, etc. Hope this helps.

    Nonprofit Interns

    Why is it Important to Understand Nonprofit Internships?
    http://www.blueavocado.org/content/legalities-nonprofit-internships

    Is Your Nonprofit Risking a Lawsuit by Misusing Unpaid Interns?
    by Ken Charvoz on November 16, 2011
    http://www.soaznonprofits.org/are-nonprofits-risking-lawsuits-misusing-unpaid-interns/

    Nonprofit Interns
    Why is it Important to Understand Nonprofit Internships?

    Interns can be terrific additions to a nonprofit’s capacity building journey, but it’s important to clarify whether interns are unpaid volunteers or paid employees – or something in between. In particular, there could be unintended consequences if an intern receives a stipend that could transform a volunteer intern into what the Department of Labor would consider an employee, resulting in a risk that the nonprofit could owe back wages (to pay the intern at least minimum wage) and back taxes.

    Download our Checklist for Nonprofits on recruiting interns.

    Frequently Asked Questions about Nonprofit Internships

    How does receiving a stipend turn an intern into an employee?

    A stipend is compensation for services provided to the nonprofit. Those who perform work in exchange for compensation are either employees or independent contractors, their payments and tax withholdings from wages is regulated by the Department of Labor (federal and state).

    If a nonprofit provides a "stipend" to a "volunteer" intern – that is sending a mixed message to the Department of Labor. (Compensation in excess of $600 must be reported on an IRS Form 1099 per rules for independent contractors.)

    While there are some exceptions, most employees must receive minimum wage in accordance with federal and state law. One exception under federal Department of Labor rules is for trainees, who, assuming they qualify, do not have to be paid minimum wage (and thus may receive a stipend that amounts to less than minimum wage). To be considered a "trainee" the internship must benefit the intern – not the employer. The requirements are described in Department of Labor Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act, issued last year. (While written primarily as guidance for for-profit business concerns, the Fact Sheet also applies to nonprofit workplaces that pay interns.) Nonprofits that pay interns a stipend below minimum wage should be familiar with this Fact Sheet and document how their internship program satisfies the criteria so that the intern can be classified as a trainee.
    http://www.councilofnonprofits.org/interns

    From looking further, at the Federal Fair Labor Standards Act, it appears that the monies paid to the interns plus room and board may not be govered under the FLSA for minimum wage coverage and rights. Look as follows

    Fair Labor Standards Act Advisor

    http://www.dol.gov/elaws/esa/flsa/scope/screen10.asp
    Am I Covered by the FLSA?

    The FLSA "covers" or applies to all employees of certain "enterprises." All employees of an enterprise, as defined by the FLSA, are covered regardless of the duties they perform. If a worker is not an employee of one of these enterprises, he or she may still be covered if the employee's own duties meet certain interstate commerce requirements.

    Do you work for any of the following enterprises?

    A Federal, state, or local government agency
    A hospital, or an institution primarily engaged in the care of the sick, the aged, or the mentally ill or mentally retarded who live on the premises (it does not matter if the hospital or institution is public or private or is operated for profit or not-for-profit)
    A pre-school; elementary or secondary school or institution of higher learning (e.g., college); or a school for mentally or physically handicapped or gifted children (it does not matter if the school or institution is public or private or operated for profit or not-for-profit)
    A company/organization with annual dollar volume of sales or receipts in the amount of $500,000 or more

    Yes
    No
    .I don't know -
    Click continue

    Fair Labor Standards Act Advisor

    I need more information concerning:

    Federal, state, or local government agencies.

    hospitals; or institutions primarily engaged in the care of the sick, the aged, or the mentally ill who live on the premises.

    pre-schools; elementary or secondary schools or institutions of higher learning; or schools for mentally or physically handicapped or gifted children.

    companies/organizations with annual dollar volume of sales or receipts in the amount of $500,000 or more.

    Click last ^^

    Enterprise Coverage
    $500,000 or more


    Enterprise coverage applies to a very large number of employers. To find out if your employer is covered by the FLSA, you must determine:

    whether your employer's business or enterprise is a for-profit or not-for-profit business/organization; and
    whether your employer's enterprise has an annual dollar volume of sales or receipts in the amount of $500,000 or more.

    Note: if your employer's enterprise consists of two or more related businesses, such as a chain of restaurants, the dollar volume of sales or receipts of all of the related businesses are considered in determining whether the $500,000 threshold is met.

    If you need more information on which of your employer's businesses are related, click on the underlined text.
    Continue

    Click Continue^^^

    Coverage
    Profit or Non-Profit Enterprise

    Enterprise coverage does not apply to charitable, educational, religious or similar activities of private non-profit enterprises except where such activities are performed in connection with an FLSA covered hospital, nursing care facility or school, or if the enterprise is operated in connection with commercial ventures, such as a gift shop or thrift store operated by the organization.

    If you are not certain whether your enterprise is operated for profit or not, you might consider asking a knowledgeable person at work.

    Do you work for a non-profit enterprise that performs charitable, educational or religious activities?

    . Yes -
    No
    I don't know

    Continue
    Click ^^^

    Coverage
    Not Enterprise Covered

    The Fair Labor Standards Act probably does not apply to you or cover you on an enterprise basis. However, you may be individually covered by the law if your own duties meet certain interstate commerce requirements.
    _______________________________________

    An excellent article on this law and subject can be found here:

    What are employees, interns and volunteers
    http://form1023.org/what-are-employees-interns-volunteers
     
    Last edited: Dec 9, 2012
  15. Intelligence

    Intelligence Silver Meritorious Patron

    http://form1023.org/what-are-employees-interns-volunteers

    Thanks Mary - - this ^^^ is excellent :)

    1.The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school;

    This is of interest because the training received could only be used at Narconon and not transferable to any other rehab
    for employment, as per what vocational school/training is for.

    Which then brings into question:

    2.The training is for the benefit of the trainees;

    .
     
    Last edited: Dec 9, 2012
  16. Anonycat

    Anonycat Crusader

  17. AnonyMary

    AnonyMary Formerly Fooled - Finally Free

    Yes, and how much training occurs? Very little. Then the person is worked, worked, worked. Sometimes even without training. Depends on the post they are put on.
     
  18. Intelligence

    Intelligence Silver Meritorious Patron

    As in much of what the COS does and how they operate, they quite often walk a very thin line in legal terms; often making it difficult for litigation - - especially when one must hire a Lawyer.

    However, this Intern issue would be investigated by USA government investigators and ajudicated by the State.

    Also important, is having a few individuals who were exploited, stating their case details concerning exactly what happened? In many cases, the Patient recruitment onto staff, or in these cases as an Intern, began before they even finished the Narconon Program.

    In most Interships, it is students from high school, college or university, looking for work-place experience that they can use as school credits, resume's, and real work experience.

    That said, this matter will not cost any money to file, nor will it cost any of the Complainants any money for Investigators and Lawyers.

    .
     
  19. Intelligence

    Intelligence Silver Meritorious Patron

    Just received the following message from a NN Student who was an Intern:

    EXCERPT:

    .
     
  20. Intelligence

    Intelligence Silver Meritorious Patron

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