Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Unpaid Summer Internships May Violate Federa

Unpaid Summer Internships May Violate Federa

Ratings: (0)|Views: 8 |Likes:
Published by Emma Jacobs

More info:

Categories:Business/Law
Published by: Emma Jacobs on May 09, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as RTF, PDF, TXT or read online from Scribd
See more
See less

05/09/2012

pdf

text

original

 
1 of 2 DOCUMENTSNEW JERSEY EMPLOYMENT LAW LETTERJULY, 2010
Unpaid summer internships may violatefederal wage and hourlaws
BYLINE:
Pitney Hardin LLP
SECTION:
Volume 18, Issue 9
LENGTH:
471 wordsMust employers treat summer
interns
as employees and pay them minimum wage andovertime? The
 Wage
and
Hour
Division of the U.S. Department of Labor (DOL) re-cently issued a fact sheet to answer that question. Summer
interns
may be exemptfrom
 wage
and
hour
laws if the internship provides training for their educa-tional benefit.Six-factor testTo qualify for the exemption, a summer training program must meet each elementof the following six-factor test:(*) Even though the program takes place at the employer's site, the internshipmust be similar to training received in an educational environment. To meet thisrequirement, you should structure the internship as an academic experiencerather than have
interns
perform routine business operations. The requirementmay be met if the
intern's
college monitors the program and offers educationalcredits for participation in the internship. (*) The internship benefits the
intern
. You may not operate the internship to further your organization's busi-ness needs. Rather, the program should be for the benefit of the
intern
. For ex-ample, it should provide skills for the
intern
to use in various settings, andthe
intern's
role shouldn't focus on performing the routine work of the company.If an
intern
spends his time performing clerical tasks or assisting the em-ployer's clients, he will probably be considered an employee and must receivewages. (*) The
intern
works under close supervision and doesn't displace em-ployees. You cannot use unpaid
interns
to replace or supplement your regularworkforce. An
intern
may work closely with (or "shadow") an employee for train-ing purposes but should perform little or minimal work during "shadow" training.(*) The employer shouldn't benefit from the
intern's
activities, and in somecircumstances, the
intern's
activities may impede business operations. If theinternship benefits the employer's operations, the DOL will treat the
intern
asan employee for wage payment purposes. (*) The
intern
may not necessarily re-ceive an offer of employment at the end of the internship. You should set a spe-cific duration for the internship at the outset of the program. The
intern
shouldn't have an expectation that the program is merely a trial period for per-manent employment.(*) The employer and
intern
understand that the
intern
will not receive wages.To qualify for the exemption, you may not pay the
intern
for his participationin the program.Your internship program must meet all six factors to qualify for an exemptionfrom
 wage
and
hour
laws. Bottom line

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->