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Unpaid Internshup

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TomSanders

Junior Member
What is the name of your state (only U.S. law)? California

I am a small business owner in California. My business is in professional area. I am considering to offer an internship position. I would like to know the wage requirement for an internship position. Does it still have to be over the minimum wage?
 


OHRoadwarrior

Senior Member
There are very specific laws you must follow regarding unpaid internships. You cannot just create a position and call it that, walking away with free labor. I suggest you offer an internship and pay minimum wage.
 

eerelations

Senior Member
I don't understand - you want to have an unpaid internship position in your company but you want to know how much the law requires you to pay it? Why? So you'll know how much money you'll be saving when you are breaking the law by not paying your intern?

That said, most (and possibly all) unpaid internships are illegal. You must pay your interns at least minimum wage if you don't want to be in violation of the law. You are not legally required to pay more than minimum wage.
 

OHRoadwarrior

Senior Member
That would best be coordinated with the college OP wishes to offer it through, so they may gain recognition in their coursework.
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? California

I am a small business owner in California. My business is in professional area. I am considering to offer an internship position. I would like to know the wage requirement for an internship position. Does it still have to be over the minimum wage?
Have you spoken with a local college about offering an internship? They would certainly know what requirements there are, as well as being the source of interns.
 

TheGeekess

Keeper of the Kraken
I don't understand - you want to have an unpaid internship position in your company but you want to know how much the law requires you to pay it? Why? So you'll know how much money you'll be saving when you are breaking the law by not paying your intern?

That said, most (and possibly all) unpaid internships are illegal. You must pay your interns at least minimum wage if you don't want to be in violation of the law. You are not legally required to pay more than minimum wage.
My first internships (granted, they were back in the early/mid 1980s) were unpaid, but I received college credit for those. The internship I did last summer was paid, but there was no college credit involved.
 

justalayman

Senior Member
The fed dol and California's version both have sites addressing the reauirements of a valid internship.

In my layman speak interpretation, a common requirement of an internship is it be an unnecessary waste of the employers time and it cost them money.

It is to be for the benefit of the intern even at the expense of the employer.


If op wants slave labor then he simply needs to hire some minimum wage employee and abuse them as the law allows
 

quincy

Senior Member
You can offer unpaid internships but the internships must meet certain requirements.

Following are some links with information, the first to the DOL which lists the six factors (generally) looked at when determining if an internship can be unpaid, and the second link to a National Law Review article on unpaid interns and the Fair Labor Standards Act, and the third to Glatt v. Fox Searchlight Pictures, a case out of the Second Circuit which used a "primary beneficiary" test instead of the DOL's six factor test to determine if an internship needs to be paid or not.

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

http://www.natlawreview.com/article/unpaid-interns-and-fair-labor-standards-act

http://law.justia.com/cases/federal/appellate-courts/ca2/13-4478/13-4478-2015-07-02.html
 

cbg

I'm a Northern Girl
You don't HAVE to pay any more than the higher of state or Federal minimum wage, plus overtime when worked. But an unpaid internship needs to follow very strict requirements. If you don't want to follow the unpaid requirements, minimum wage will do.
 

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