The entertainment industry can look glamorous from the outside, but behind the scenes, many performers and crew members face a reality that rarely gets talked about openly: labor exploitation. Long hours, low pay, inadequate safety measures, and in some cases physical or emotional abuse are far more common in this industry than they should be.
If you’re a performer, understanding your rights isn’t optional. It’s essential. This guide breaks down what labor exploitation looks like, what the law actually says, and what to do if you think it’s happening to you.
The Problem with Unpaid Labor
One of the most widespread forms of labor exploitation in the entertainment industry comes disguised as opportunity: the unpaid internship or volunteer position. For-profit businesses that solicit artists for unpaid labor, framing it as a chance to “gain experience” or “build their portfolio,” are not doing anyone a favor. In most cases, they are breaking the law.
Before accepting any unpaid position, ask yourself:
- Does this program genuinely empower me, or is it benefiting the organization at my expense?
- Could this work be compensated if the organization chose to do so?
- Am I being asked to do work that a paid employee would otherwise be doing?
If the answers make you uncomfortable, trust that instinct.
What the Law Actually Says
For-Profit Businesses Cannot Use Unpaid Interns or Volunteers
The Fair Labor Standards Act (FLSA), enforced by the U.S. Department of Labor, is clear on this point. When Congress amended the FLSA in 1985, it established that people are not permitted to volunteer their services to private, for-profit businesses. If you work for a for-profit company, that company is legally required to provide:
- Minimum wage
- Overtime pay
- Proper recordkeeping
Minimum Wage: Covered workers are entitled to a federal minimum wage of no less than $7.25 per hour. However, 29 states and Washington D.C. have set their minimum wages higher, ranging from $7.50 to $15.00 per hour. If your state’s minimum wage is higher than the federal rate, you are entitled to the higher amount. States currently at a $15.00 minimum wage include California, Connecticut, Florida, Massachusetts, New Jersey, Illinois, Maryland, and Rhode Island.
Overtime Pay: Any time worked beyond 40 hours in a workweek must be compensated at no less than one and a half times your regular rate of pay, putting overtime rates in the range of $10.88 to $22.55 per hour depending on your base wage.
Recordkeeping: Employers are required to display an FLSA Minimum Wage poster and maintain accurate records of employee time and pay.
The Department of Labor is explicit on both counts. FLSA Fact Sheet 71 states that employees may not intern services to for-profit private sector employers without pay. FLSA Fact Sheet 14 states the same for volunteers. If a for-profit business is asking for your labor without compensation, they are violating federal law.
Non-Profit Organizations: A Different Set of Rules
Non-profit organizations operate under different guidelines. When Congress amended the FLSA in 1985, it allowed individuals to volunteer their services to public agencies and non-profit organizations whose work serves public, religious, or humanitarian purposes, but only under specific conditions.
Requirements for unpaid interns at non-profits:
- The intern must clearly understand there is no expectation of compensation.
- The internship must provide training similar to what would be given in an educational environment.
- The internship must be tied to the intern’s formal education program through coursework or academic credit.
- The internship must accommodate the intern’s academic schedule.
- The duration must be limited to a period in which genuine learning is taking place.
- The intern’s work must complement, not replace, the work of paid employees.
- The internship must not lead to a paid job at its conclusion.
Requirements for volunteers at non-profits:
- Volunteers may only serve on a part-time basis.
- Volunteers may not displace regularly employed workers.
- Paid employees of a non-profit cannot volunteer to provide the same type of services they are already employed to perform.
- Volunteers may not participate in commercial activities run by the non-profit.
If an organization, profit or non-profit, cannot meet these standards, they should be paying for the work.
Unpaid Internships and Systemic Inequality
Beyond being illegal in most cases, unpaid internships cause real, lasting harm to individuals and communities. The burden falls hardest on those who can least afford it.
Research has consistently shown that unpaid internships reinforce racial and gender-based inequities. A survey by Intern Bridge found that three out of four unpaid internships were held by women, with the highest rates in fields like education, social sciences, health sciences, communications, and the arts, exactly the industries where performers are most likely to be working.
Organizations that claim to value diversity and inclusion while maintaining unpaid labor programs are working against their own stated goals. Unpaid positions are accessible only to those who can afford to work for free, which disproportionately excludes people from lower-income backgrounds, communities of color, and other marginalized groups.
The Three Levels of Labor Exploitation
It helps to understand that labor exploitation exists on a spectrum:
Level 1: Labor Exploitation
According to the National Human Trafficking Organization, labor exploitation occurs when an employer unfairly benefits from an employee’s work without fair compensation. It is the leading cause of exploitation globally, above sexual exploitation and state-imposed exploitation. You may be vulnerable to labor exploitation if you are facing financial instability, an unstable living situation, immigration uncertainty, or other pressures that make it difficult to walk away from a bad situation.
Red flags during the recruitment process include:
- Job offers that seem too good to be true
- A refusal to provide a signed contract
- Being asked to sign a contract in a language you cannot read
- Being charged fees for the “opportunity” to work
- Vague or evasive answers about the job details or location
- A work environment that moves unusually fast or feels overwhelming
- A large imbalance of age or financial power between you and the employer
- Any offer of a romantic relationship while employed within the organization
Level 2: Labor Violation
All labor violations are a form of exploitation, but labor violations specifically break federal, state, or local laws. Running an unpaid internship or volunteer program at a for-profit business is a labor violation. Other signs that a labor violation may be occurring include:
- Feeling pressured to stay in a job you want to leave
- Being paid less than what was promised
- Having your passport or identity documents controlled by an employer
- Working in dangerous conditions without proper safety equipment or training
- Being threatened with deportation or other harm
- Living and working in isolated conditions with limited access to outside support
Level 3: Labor Trafficking
At its most severe, labor exploitation becomes labor trafficking, a form of human trafficking in which people are forced, coerced, or deceived into working under exploitative conditions. If you believe you or someone you know may be experiencing labor trafficking, contact the National Human Trafficking Hotline immediately.
What to Do If You Think You’re Being Exploited
If something feels wrong about your working situation, take it seriously. Here are the steps to take:
Document everything. Keep detailed records of hours worked, pay received, and any communications with your employer. Save contracts, payslips, and messages.
Talk to someone you trust. A friend, family member, or colleague outside the situation can help you process what’s happening and think through your options.
Report it. You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, a labor union, or a worker rights organization. You can also report to your employer’s HR department or the appropriate regulatory agency.
Seek legal advice. An employment attorney can help you understand your rights and the options available to you. Many offer free initial consultations.
Take care of yourself. Labor exploitation takes a real toll. Prioritize your well-being throughout the process and lean on your support system.
Questions to Ask Yourself Right Now
Whether you’re considering a new opportunity or reassessing your current situation, these are worth thinking through honestly:
- Are you working more hours than agreed upon, without appropriate compensation?
- Are you being paid at or above the minimum wage for your state?
- Are you working in safe conditions with proper equipment and adequate breaks?
- Do you fully understand your contract, and was it presented to you fairly?
- Do you feel free to leave your job without fear of retaliation or harm?
If the answer to any of these is no, you may be experiencing exploitation, and you have every right to seek help.
Labor exploitation is illegal. It is harmful. And it is far more common in the entertainment industry than it should be. The more performers understand their rights, the harder it becomes for exploitative practices to continue unchallenged. Know your worth, know the law, and never be afraid to ask for what you are legally owed.