Below are some of the Academic Internship Program Guidelines for employers who are supervising a student completing an Academic Internship for credit. Please view the complete guidelines for students and on-site supervisors here, Academic Internship Program Guidelines.
Internships must meet the guidelines set by the U. There must be one clear on-site supervisor and regular supervision for students. The internship must be located in a commercial setting and not in a private residence or home office. The internship may not require students to make investments, initial cash deposits, or purchase starter kits. Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case.
If analysis of these circumstances reveals that an intern or student is actually an employee, then he or she is entitled to both minimum wage and overtime pay under the FLSA. On the other hand, if the analysis confirms that the intern or student is not an employee, then he or she is not entitled to either minimum wage or overtime pay under the FLSA.
Where to Obtain Additional Information This publication is for general information and is not a regulation. WHD also recognizes an exception for individuals who volunteer their time, freely and without anticipation of compensation, for religious, charitable, civic, or humanitarian purposes to non-profit organizations.
Unpaid internships for public sector and non-profit charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible. Internships can be full-time or part-time, depending on the needs of the business and the student's schedule, and there are paid and unpaid internship opportunities, depending on how the positions are structured. Internships aren't intended to be a source of free labor for businesses, and in the past decade, the Department of Labor DOL has tightened the parameters around which internships are exempt from minimum wage requirements.
Unpaid internship programs must meet six federal legal criteria. Any internship programs that fall outside of these six parameters must be paid, and participants are considered employees for the duration of their internship. Organizations that do not adhere to these laws will be subject to fines and penalties. When internships are the result of partnerships between employers and universities, there can be some question about which organization is responsible if students are injured while working in their capacity as interns.
Therefore, the distinction between interns and employees under the FLSA is critical. If interns do not meet the six criteria above, they are paid employees and covered by workers' compensation for on-the-job injuries. If the internship is a true educational experience, on-the-job injuries are the responsibility of the school or university sponsoring the program.
Earned and paid sick time are hot topics in labor law, and changes are coming quickly. Because there is no federal regulation aside from an executive order requiring paid sick leave for federal contractors , cities and states are designing their own regulations to meet the needs of constituents.
As of April , seven states and the District of Columbia have enacted paid sick time laws, along with a number of cities and municipalities. Unfortunately, the result is inconsistency, and requirements for providing earned and paid sick time can vary widely depending on the work location. Determining which laws apply to interns can be a complex endeavor. Generally speaking, earned and paid sick time laws do not apply to interns, but they do apply to employees.
This point relates back to the six requirements that distinguish an intern from an employee. While interns are not eligible for most company benefits, those that qualify as employees under the FLSA are typically permitted to participate according to the organization's standard eligibility requirements.
An exception exists under current federal health insurance regulations.
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