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Courts: Flexibility is key to determining intern status

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in Office Management,Payroll Management

College students who are currently packing up their frat houses and dorm rooms will soon be knocking on your door, résumés in hand, looking for summer internships. The landscape for unpaid internships has been muddied by decisions from federal trial courts, which have ruled that unpaid interns were employees who needed to be paid at least the minimum wage. The pendulum appears to be swinging back, according to two recent federal appeals court decisions.

DOL’s six-factor test. The Department of Labor (DOL) has a longstanding test to determine whether unpaid trainees are, instead, employees who need to be paid:

  1. Internships are similar to the training interns would receive in school, even though they’re performing productive work.
  2. Internship experiences benefit the interns.
  3. Interns don’t displace regular employees, but work under close supervision of existing staff.
  4. You provide training to, and don’t derive any immediate adva...(register to read more)

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