The FLSA does not expressly contemplate unpaid volunteer work. And, as we have previously noted, the DOL accepts the non-payment of “interns” only when certain constraints are met. From time to time, providers of online content to web sites, whether paid or unpaid, bring claims that the form of payment provided to
trainee
Reminder: The Perils of Interns
By Noel P. Tripp on
Posted in Coverage
Since the Fair Labor Standards Act contains no provision contemplating the concept of the unpaid intern, employers often find themselves defending their decision to classify someone who provides services to the company as being outside the protections afforded “employees” under the statute. Such a defense can be challenging, although one vocational school in Tennessee succeeded…
California DLSE Modifies Its Standard For Legality of Unpaid Internships
By Noel P. Tripp on
Posted in California
Subsequent to our post of April 6, the California DLSE issued a lengthy new opinion letter regarding trainees, available here. In it, the Division upholds the uncompensated “intern” status of participants in the Year Up program, a program in which a not-for-profit places 18-24 year olds in underserved communities to develop marketable skills in…
We Don’t Have To Pay Our Interns – Do We?
By Noel P. Tripp on
Posted in Department of Labor, Minimum Wage
For years, students and recent graduates have accepted internships with employers to gain work and practical experience. Many, if not most, employers have treated and continue to treat these internships as “unpaid.” What’s more, in many industries (including film and advertising) this practice is an institutional rite of passage – part of “dues paying”. Recent actions…