Author: Alisa Vanegas - Intern
There tends to some confusion regarding internships. Are they employees? Volunteers? Well, it all depends on how you handle it.
Employees are defined as someone in a contract with the employer who receives compensation for a service or ‘job’. They must qualify for employment in the United States and file all appropriate forms. Employees are entitled to things other than basic compensation or ‘pay’. They may also qualify for certain other benefits, such as workers’ compensation and overtime pay. Thus, when asking, who does it really benefit; employment benefits both the employer and the employee.
On the other hand, an intern is ultimately a ‘trainee’ or ‘student’. Just like a student is not considered an employee of the school they went to, an intern is not considered an employee in the workplace because they are there to learn. One of the biggest factors of an internship is that the agreement between the employer and the intern is for the intern’s benefit, not the employer’s. An intern works under close supervision, learning general skills that will benefit them in future schooling, programs, or employment. Giving such supervision may impede the business, take up the supervisor’s time, and only adds to the interns skills.
Even if this is the setup of the relationship between the intern and the employer, there are certain rules that Employers must be aware of when accepting someone for an internship. The Department of Labor has released 6 guidelines that determine whether someone is an intern or an employee, and there are as follows: 1. The internship is similar to training that would happen 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.
In addition to these guidelines, the California Division of Labor Standards Enforcement (DLSE) has added to these guidelines with a few more of their own, which are subject to enforcement for employers here in California. They are: 1. The training should be part of an educational curriculum; 2. The students should not be treated as employees for such purposes as receiving benefits; 3. The training should be general in nature, so as to qualify the students for work for any employer, rather than designed specifically as preparation for work at the employer offering the program; 4. The screening process for the program should not be the same as for employment; and 5. Advertisements for the program should be couched in terms of education rather than employment.
These guidelines have helped determine the true difference between employees and interns. While an internship should be for the sole benefit of the intern, these guideline help protect the employer from any potential wage claims, penalties, insurances, or other complications.
.
If you have any questions or comments regarding this blog email us at blog@lauruslaw.com
www.lauruslaw.com
