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Assure=20
Intern's Work
is Actually=20
=
Training |
If your business =
or=20
organization will be using unpaid or low-paid =
student=20
interns this summer, here's the most important =
rule to=20
follow: Make sure interns' work is =
actually most=20
about training.
For the employer, =
offering=20
internships for students often is most about =
bringing in=20
unpaid help or low-cost (below minimum wage) =
help during=20
summer months when many employees are taking =
vacations.=20
The advantage to the employer is obvious: Free, =
or=20
nearly free, labor.
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How Students=20
Benefit
![](3D"http://www.bizactions.com/content/images//college%20kids%20outside=)
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A new =
survey of=20
marketing and advertising executives =
spotlights=20
major benefits of internships...for the =
student=20
interns. The survey, developed by The =
Creative=20
Group involved 250 telephone interviews =
with=20
executives randomly selected from the =
2,000=20
largest ad agencies and 2,000 largest =
companies in=20
the U.S.
The ad and =
marketing=20
execs were asked: "Aside from pay, what do =
you=20
think is the greatest benefit to students =
or=20
graduates who participate in an internship =
program?" Here are the =
responses:
- Experiencing different work =
environments, 31=20
percent.
=20
- Improving soft skills, 24 =
percent.=20
- Acquiring technical skills or =
knowledge, 22=20
percent.=20
- Making industry contacts, 12 =
percent.=20
- Learning about office politics and =
other=20
workplace issues, 9 percent.=20
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For students, the =
internship=20
means on-the-job training that could bring them =
good job=20
opportunities and job recommendations in the=20
future.
But before =
rushing to bring=20
unpaid interns (or interns paid below minimum =
wage) into=20
the workplace, consider the implications and the =
obligations. If the interns are actually =
trainees =96 if=20
most of the interns' workplace activity is =
actually=20
training experience rather than contributing to =
the=20
employer's purposes =96 then the U.S. Department =
of Labor=20
(DOL) rules allow non-payment or =
less-than-minimum-wage=20
payment to the interns.
However, just =
because the=20
Labor Department and the federal Wage and Hour =
Law=20
exempts employers from treating actual interns=20
(trainees) as employees and complying with the =
wage and=20
hour requirements...other federal and state laws =
may=20
consider the interns (trainees) as employees. =
For=20
example, interns usually will be protected by=20
anti-discrimination and anti-harassment =
laws.
And depending on =
state laws=20
and specific circumstances, unpaid interns may =
be=20
protected by state workers compensation laws. =
But if an=20
unpaid intern in a specific case is not covered =
by a=20
state's workers comp law, the injured worker =
could sue=20
the employer for medical costs and =
damages.
Labor =
Department=20
Rules for Interns
Looking into =
using interns=20
this summer? Make sure your interns aren't =
replacing=20
employees and don't hinder opportunities for =
prospective=20
employees. The federal Fair Labor Standards Act =
(FLSA)=20
bans both practices and many states impose =
additional=20
restrictions.
The employer must =
pay an=20
intern at least the minimum wage unless the =
internship=20
experience passes these six rules:
1. The work =
performed=20
(the DOL uses the word training) is an =
extension of a=20
trade studied by the student...or similar to =
the=20
intern's school training.
2. The work =
(training)=20
is for the benefit of the student =
intern.
3. The intern =
does not=20
replace regular employees, but works under =
their close=20
observation.
4. The =
employer derives=20
no immediate advantage from the student =
intern's=20
activities. (The intern's activity is =
primarily an=20
educational experience...and doesn't =
significantly=20
benefit the employer.)
5. The intern =
is not=20
necessarily entitled to a job at the =
conclusion of the=20
internship. The employer holds out no promise =
of=20
future employment.
6. The =
employer and the=20
intern both understand that the intern is not =
entitled=20
to wages for the time spent in the=20
internship.
Advantages of paying=20
interns
Unpaid interns =
don't look=20
very attractive, for most employers in most =
situations.=20
Unpaid interns, for example, can't replace paid=20
employees who are on vacation. And unpaid =
interns can't=20
do any work that significantly benefits or =
profits the=20
employer.
So what to do? =
Use=20
interns...but pay them. Typically, very =
talented,=20
well-educated, and highly motivated students are =
eager=20
to gain real-world experience in the field they =
are=20
pursuing for a career. So they're willing to =
work for=20
pay that is less than more seasoned individuals. =
By=20
hiring a few interns for summer =
replacements...the=20
employer gains enthusiastic, productive =
employees at=20
reasonable pay levels.
Two benefits for =
employers to=20
pay fair wages to interns are: (1) Paid interns =
will=20
likely feel more appreciated and, therefore, =
will likely=20
be more productive. (2) Paid interns will likely =
be more=20
enthusiastic in supporting and promoting the =
business or=20
organization following the =
internship.
[NOTE: =
Information and=20
guidance in this story is intended to provide =
accurate=20
and helpful information on the subjects covered. =
It is=20
not intended to provide a legal service for =
readers'=20
individual needs. For legal guidance in your =
specific=20
situations, always consult with an attorney who =
is=20
familiar with employment law and labor=20
issues.]
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