The U.S. Department of Labor (“DOL”) uses the following six-factor test to determine whether such an individual qualifies as an “intern” under the FLSA:
1)The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
2)The internship experience is for the benefit of the intern;
3)The intern does not displace regular employees, but works under close supervision of existing staff;
4)The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
5)The intern is not necessarily entitled to a job at the conclusion of the internship; and
6)The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
However, some states have their own wage and hour laws with additional factors to consider in determining whether a worker is an “intern,” and thus not entitled to compensation. It is always a good idea to seek legal counsel in your state before making someone an intern w/o pay.
Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia
Live in peace with animals. Animals bring love to our hearts and warmth to our souls.