I’m not sure you understand how the law works. Read “Glatt v. Fox Searchlight Pictures Inc.” (https://caselaw.findlaw.com/court/us-2nd-circuit/1706417.html), where unpaid interns who worked on the film “Black Swan” sued the production company. The interns argued that they were actually employees and thus entitled to minimum wage and overtime under the Fair Labour Standards Act (FLSA) and New York labour law. The court agreed with the interns, finding that they were essentially regular employees.
To contrast with an unsuccessful case, I present “Wang v. The Hearst Corporation” (https://caselaw.findlaw.com/court/us-2nd-circuit/1882161.html), where unpaid interns at various magazines published by Hearst sued for wages. The court used a “primary beneficiary test” to determine whether the interns or the company were the primary beneficiaries of the arrangement. The court found that the interns were the primary beneficiaries, so they were not entitled to wages.
I think it would be hard for Reddit to argue that subreddit moderators are the primary beneficiaries of their labour, meaning if the mods unionise and bring a case, they might actually be successful.
There is a vast, vast difference between interns that are officially working in the company and volunteers that are just using the platform. I think it’s impossible to argue that mods are employees and it’s stated time and time in Reddit’s terms that they can ban people and remove content as they please since it’s their platform. This isn’t any different than other social media. They’re legally allowed to demote mods and control subs.
I’m not sure you understand how the law works. Read “Glatt v. Fox Searchlight Pictures Inc.” (https://caselaw.findlaw.com/court/us-2nd-circuit/1706417.html), where unpaid interns who worked on the film “Black Swan” sued the production company. The interns argued that they were actually employees and thus entitled to minimum wage and overtime under the Fair Labour Standards Act (FLSA) and New York labour law. The court agreed with the interns, finding that they were essentially regular employees.
To contrast with an unsuccessful case, I present “Wang v. The Hearst Corporation” (https://caselaw.findlaw.com/court/us-2nd-circuit/1882161.html), where unpaid interns at various magazines published by Hearst sued for wages. The court used a “primary beneficiary test” to determine whether the interns or the company were the primary beneficiaries of the arrangement. The court found that the interns were the primary beneficiaries, so they were not entitled to wages.
I think it would be hard for Reddit to argue that subreddit moderators are the primary beneficiaries of their labour, meaning if the mods unionise and bring a case, they might actually be successful.
There is a vast, vast difference between interns that are officially working in the company and volunteers that are just using the platform. I think it’s impossible to argue that mods are employees and it’s stated time and time in Reddit’s terms that they can ban people and remove content as they please since it’s their platform. This isn’t any different than other social media. They’re legally allowed to demote mods and control subs.