I read this great article about Summer Interns (I'm sure it applies to winter interns as well!) Here's what I learned and there is no correlation to me posting the day after our intern finished her internship.
Employers who hire interns - summer or otherwise - should keep in mind that the U.S. Department of Labor (DOL) has stated that private sector internships are most often considered "employment" and are subject to the federal Fair Labor Standards Act's (FLSA) minimum wage and overtime rules.
So who can be an unpaid intern? Do they pass this test?
There are some circumstances under which individuals who participate in for-profit private sector internships or training programs may do so without compensation. The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances. The DOL uses the following six criteria that must be applied when making this determination:
If all of the factors listed above are met, an employment relationship likely does not exist under federal law, and the FLSA's minimum wage and overtime provisions do not apply to the intern. This exclusion is narrow, because the FLSA's definition of "employ" is very broad.
Note: Be sure to check your state wage and hour laws for applicable requirements. When both the FLSA and a state law apply, the employee is entitled to the most favorable provisions of each law.
Questions about HR? Let us know and as soon as we are done getting our own coffee, we will gladly answer them!