intern would be considered an employee instead of a valid unpaid Interns are considered “volunteers” if they give their time freely and without anticipation of compensation for religious, charitable, civic, or humanitarian purposes to, The FLSA provides that employees who work more than forty hours in a week must be paid for the excess hours at one and one-half times the regular rate of pay. The intern doesn't displace regular employees and works under close supervision of existing staff. with the required training and experience that will allow the student to get the credit versus providing a paid internship. How much training should I provide my intern? This should be someone who will be available to the student on a regular basis, and who possesses expertise in the area in which the intern will work. However, there are legalities involved with unpaid internships. In any given internship program, a company should seek to provide appropriate tasks and a review of those tasks to all interns, and in particular ensure that the interns getting school credit for the internship are getting reviewed in a way that will support the student’s credit requirements. 3. Federal law (including the FLSA) does not regulate the number of interns a company may employ per internship program. If you’ve started thinking about hiring help or looking for a business partner, consider another option: hire an intern. Working Overtime. Can school credits replace payment for an intern? Some employees are exempt from this requirement of the FLSA. The students gain valuable work experience and the chance to prove that they’re worth considering for full time work (either at your company or elsewhere). So with that said, I have a few questions. If there is, an expectation of compensation or a perceived right to a job at the end. The FLSA does not establish a maximum number of hours that an employee (including employee-interns) can work per week for interns over the age of 18. To be considered an unpaid intern, the student intern, and not the employer, should be receiving the primary benefit of the relationship. 17. Can students work for multiple companies at one time? In addition, most states have their own laws regarding pay, which often times closely track the FLSA. Internship salary requirements: If the intern qualifies as an “employee” for purposes of the FLSA, (s)he must be paid in accordance with the Act, whether or not the intern receives school credits. Unpaid internships are legal if the intern is the "primary beneficiary" of the arrangement. It was a timely discussion since: (1) it’s officially summer and everyone likes to bring the young folks in for free help and (2) there have been a couple of pretty hot unpaid intern court decisions and … to be considered independent contractors as they are not usually workers who are in business for themselves—they are generally students at paid internships or unpaid internships. If the intern is deemed to be an employee, then the employee may be eligible for certain benefits under federal law, including up to 12 weeks of unpaid leave per year under the Family Medical Leave Act. It can depend on your internship program - if the intern is not deemed to be an employee, then benefits are not required to be provided. What is the expectation that the company review the intern’s performance? With an internship program like this, this includes interns who are also considered employees under the FLSA. Compensation for paid internships varies widely across geographic markets and industry. Companies should discuss this question with each individual intern to determine a reasonable number of working hours that will satisfy the credit requirements of the school if school credit is being sought and will otherwise be productive for both the company and the intern. If we do have to pay our interns, should they be classified as exempt or non exempt employees? 3. How to legally hire interns and provide real work integrated learning (WIL). Below are some of the top questions that employers ask us, and actionable answers that you can take to the bank. When it comes to internship programs, employers often have many legal and practical questions that they need to answer before they can even start, The federal Fair Labor Standards Act (“FLSA”) is the federal wage and hour law that sets forth the legal requirements for compensation for employees, including. 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