Interns: No pay, no college credit.

HR Tampa

We have 3 new interns working in our IT Department. They are all non-paid, nor are they receiving any kind of stipend. They have elected not to receive college credit since they are all seniors and do not need the credits. I was informed by a collegue that we must either pay them wages or give them college credit - neither of which we are doing. We are not in a position to pay them. What are the legal guidelines here and our we setting ourselves up for trouble?

Rockie

I can't quite understand "why" they are working for nothing as this would go against the grain of most college students. I assume it's to get some experience in the IT area. This probably falls under "volunteers", but a person can't volunteer for something that an employer would normally hire someone to do. I'd say, you probably need to pay them.

Don D

If they are working an intern program or a bona fide co-op program, I don't know of a requirement that you must pay them. Your colleague who indicated you must either pay them or offer them college credit surely realizes you have no power to do the latter. Whether or not they receive college credit is their issue with the school, not the employer. If you have the paper trail agreement indicating they are either co-op or intern, and your policy is not to pay them, I would not pay heed to your colleague's comments. Check with their school sponsor with whom you worked out the agreement for further advice.

Balloonman

The internship looks good on the resume, college credits cost money. Obviously they want the experience but not the cost. Since they appear willing to work without pay, while I don't know if it is legal, oh well. You could give them a one time stipend, say $500.00 at the end and you would not even need to report it on a 1099.
Just a thought, may not be worth my $0.02.
DJ The Balloonman

Funny I interned with a company in 1989 that paid me $10.00 hour plus I got college credit!

Mentel

I disagree with Don D. If you are "allowing" them to work, you must pay them. It's that simple. If they are truely shadowing and not doing work, then it is OK not to pay. But this never happens over a three month period. Maybe for one day. Your interns are going to want "to do something" and that becomes work! Pay them or get rid of them.

Pork

HR florida: This time I do not agree with "Dandy Don"; call your local wage and hour office and discuss your situation with them. Volunteers are not authorized in the world of work in the private sector unless there is a intern established and affiliated with a educational institution. I would bet your insurance company would not want volunteers from the "Free World" on your site either. People with no status other than "volunteer" are problematic and caution is advised!

In my book, when we "allow work to be accomplished on our behalf for profit" we must pay for that special task to be done. Gee, I wonder how many of these interns I can get from "COW COLLEGE, SCHOOL OF ANIMAL SCIENCE"to come and shovel my PORK manure just to get some experience in our "IT" WORLD OF WORK? It really does take some Industrial Technology knowledge to do it right!

Pork

njjel

We are a non profit agency. We use volunteers other than paid or for credit interns on a regular basis.

Trinity

I spoke with a friend of mine who is in law school and she told me that she was one of the "lucky" ones who got an internship that was paid work as well. She said it is very common for law students to "intern" for free at law offices duing the summer months. They work 40+ hours for nothing..there are a few paid ones, but they usually go to those with contacts and such. So I would assume this may be a legal practice in other fields as well.

Don D

Mentel and Pork: It is indeed not required that interns be paid in many, many cases, if not all. Some do get paid, perhaps most do. My point is that it is not required, unless some state tacks on that requirement. I just think we need more 'interns' in green and white striped britches on the sides of the highways.

KDowney

A great reference regarding intern and volunteer status as viewed under the DOL can be found at this link:

[url]http://www.mintzandgold.com/FLSAvolunteerspjcut.htm[/url]

It provides guidance about volunteers and interns under the FLSA. Generally speaking in order to be classified as an intern the individual would need to perform services primarily for his or her own benefit and produce little or nothing of value for the employer.

If these individuals are providing a service that you are using the same as you would from your regular employees, without more details, I would have to say they couldn't be considered interns, nor could they be called volunteers.

Rules in the area of non-profit organizations might be different, as well as the public sector (which always has its own quirks), but in the private sector federal law seems pretty cut and dry to me. Also, check your state labor laws which may also have additional restrictions and/or requirements.

Without knowing all of the facts of your situation, my first inclination would be that these are employees, and should be paid at least minimum wage for all hours worked.

njjel

Does anyone on the forum know how this applies to a non profit organization?