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Apprenticeship Wage Laws

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trtljn

Junior Member
Hello all,
I am writing here to find out some information regarding apprenticeship laws.

I was offered a position as an apprentice under a specialized baker/confection artist. He has informed me that this position is unpaid for 4 months, until I "build knowledge and passion", at which time I would be welcomed aboard as a full time employee. I have since found other employment, as I need immediate pay but before letting him know I resign and withdraw my application, I'd like to help him avoid running into legal trouble down the way. He is a new business owner, with about 10 weeks under his belt.

From what I've found through research, apprenticeships must follow federal minimum wage laws for any manual labor and services offered to the employer. Class time or any educational time offered to the apprentice, however, does not need to be compensated.
I'd like to let him know if this is the case as he's a new business owner and if I can help I'd be happy to. However, I'd like solid facts to back me up before bringing this to his attention. I've looked high and low online but sorting through jargon to get to quoteable facts from reputable places is a nightmare so any help would be appreciated.

I am in West Tennessee, the job itself is in Memphis, TN
 
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cbg

I'm a Northern Girl
start here

http://www.dol.gov/compliance/topics/wages-apprenticeships.htm

http://smallbusiness.chron.com/apprenticeship-pay-15304.html
 

trtljn

Junior Member
Thank you for the links. I've read them both over and am pretty convinced that this job offer is not legal. I do wish I could locate something more solid but I am probably questioning this too much. I will inform him that he needs to check into this before pursuing an apprentice. Thanks so much,
Jennifer
 

trtljn

Junior Member
Post grad internship?

I received a letter back saying that this job is set up as a post-grad internship. He just calls it an apprenticeship. If he's advertising it as an apprenticeship he in implying that it's paid. I've never heard of a post grad internship, is this a term anyone's ever heard of? If I'm not receiving credit for a class I don't see how it's an internship.

Anyone have thoughts? I'm merely curious at this point. Something seems off about working for someone over a span of 4 months unpaid.

Thanks!
 

cbg

I'm a Northern Girl
This employer really needs to learn the rules.

http://www.dol.gov/whd/regs/compliance/whdfs71.htm
 

cbg

I'm a Northern Girl
Maybe not if he's a new business owner. When I was still consulting, I talked to any number of small business owners, including my own husband, who were woefully ignorant of what you and I would consider the bare basics.

(Hubby got straightened out REAL fast!)
 

trtljn

Junior Member
Thanks for the info. I feel better not taking this job.. It seemed like a dream job until recently. I can't see giving free time to this guy. He seems to be of the understanding that his training is payment enough.

He seems convinced that what he is doing is perfectly legal. I just don't see how working for no payment other than the privilege of working in his store and learning his techniques. I can't find anything about "post grad internship".
 

justalayman

Senior Member
I feel better not taking this job.. It seemed like a dream job until recently. .
apparently you and I dream of very different things. In my life, my dream job would be the polar opposite of what you saw as your dream job.

you; all work, no pay

me: no work, big paycheck
 

trtljn

Junior Member
apparently you and I dream of very different things. In my life, my dream job would be the polar opposite of what you saw as your dream job.

you; all work, no pay

me: no work, big paycheck
No no, I rejected as soon as he said it was unpaid! All work, no pay does not work for me. Lol

It was a dream job at first, a way to learn what I couldn't elsewhere (chocolate). But he stood me up for the interview, and things declined from there. It took me four weeks to find out it was unpaid, by then I'd found another job anyway.

I'm amazed he thinks he can get away with no pay for four months. He seems convinced. Not my problem any more, but I was curious if there was some law that countered the wage laws I had come across or some exemption to the right for minimum wage.
 

commentator

Senior Member
Hey, isn't this Tennessee? The current legislature will probably repeal the anti-slavery parts of the Constitution soon, since wage slavery is so great, for sure, at least that's what the small employers of this state seem to believe is their just due! Thank God for the federal wage and hour laws, which TN is working very hard to circumvent every way in the world anyhow. But this guy will probably find someone who is silly enough to work his unpaid apprenticeship for him. I cannot tell you how many people I would discover who'd been working free like this, and how many employers who got reported to the feds for things like this.
 

cbg

I'm a Northern Girl
There are NO circumstances, barring only a true internship that meets EVERY one of the regulations in the link I provided, when an employee can be required to work for no pay. Not legally.

Internships that meet ALL the qualifications to be an unpaid internship are very few and far between. I see no indication that the job you describe would meet those qualifications.
 

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