Internships and the Law

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Interns in the for-profit private sector who qualify as employees rather than trainees typically must be paid what?

At least minimum wage Overtime for hours worked over 40 hours in a week

What are the six criteria that must be met for an internship to not be considered employment?

1. More structured around a classroom or academic experience. 2. School exercises oversight and provides educational credit 3. Student is provided skills that can be used in multiple employment settings 4. Intern doesn't perform the routine work of the business on a regular and recurring basis. 5. Business is not dependent upon the work of the intern. 6. Engaged in the operations - assisting customers.

What does FLSA and WHD stand for?

Fair Labor Standards Act Wage and Hour Division

The WHD recognizes an exception for individuals who volunteer their time, freely and without anticipation of compensation, for whom?

For religious, charitable, civic, or humanitarian purposes to non-profit organizations.

The FLSA makes a special exception under certain circumstances for individuals who volunteer to do what for whom?

Individuals who volunteer to perform services for a state/local agency Volunteers for humanitarian purposes and for non-profit food banks

Can the employer use unpaid internships as a trial period for individuals seeking employment at the conclusion of the internship period?

No

Because unpaid interns aren't protected under the Civil Right Act, they aren't protected against what?

Sexual Harassment or age and disability discrimination

Fair Labor Standards Act

Unpaid internships allowed for people who volunteer to perform services for government and religious, charitable, civic, humanitarian purposes.


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