A letter you don’t want to get! Somebody owes your intern $8.25 X 500 = $4,125.00. A Black Swan-Ugly Duckling. Background: College “internships” have long be an institution in higher education, but recent developments could change that.
Somebody owes your intern
$8.25 X 500 = $4,125.00
College “internships” have long be an institution in higher education, but recent developments could change that.
Two students have filed suite alleging they were treated and acted as employees and should have been paid for their work.
U.S. DEPARTMENT OF LABOR, WAGE AND HOUR
FACT SHEET #71—
Internship Programs Under The Fair Labor Standards
Directed to “for profit” private sector-but could be applied to “not for profit”
DOL guidance specifically stated that the six-part test was applicable to for-profit private sector employers, noting that the FLSA makes a special exception for individuals who volunteer to perform services for religious, charitable, civic or humanitarian purposes to non-profit organizations or for government agencies. According to the DOL, unpaid internships in the public sector and for non-profit charitable organizations generally are permissible.
In order to qualify as an unpaid volunteer for such an organization, an individual generally must perform services freely, without pressure or coercion, and such services must be performed without promise, expectation or receipt of compensation.
A limited range of payments are permitted:
29U.S.C. § 203(e)(4)(A).
MUST MEET ALL SIX