Unpaid interns vs. employees

thomas · March 2006

Can an unpaid intern receiving college credit also be hired by the same employer as a part-time temporary employee performing basically the same work? The only difference in the work being, as an unpaid intern, the individual is working with adults. If hired as a part-time employee, the individual would be working with children.

Incidentally, under the AmeriCorps program, the intern will receive a stipend at the conclusion of the internship program.

Paul in Cannon Beach · March 2006

You probably CAN but I think you might be muddying the waters.

I could be wrong and hopefully someone wiser will correct me but I think the issue is could a paid part-time employee also volunteer as an intern doing the same work.

Its my understanding that paid employees cannot "volunteer" unless certain very specific circumstances are present, one being that the work they do is different in nature from the work they are paid to do.

I am coming from a "volunteer" background. Internships may have different requirements and rules.

thomas · March 2006

Thanks for responding Paul. That was my thinking too but couldn't find anything in FLSA that actually indicated interns/trainees were considered to be volunteers.

I had a hard time with the intern who is suppose to be gaining employment skills during her internship being placed into a similarly situated paid position while supposedly mastering those skills.

Also wondered if the unpaid internship could be at risk because the individual was being paid while actually performing similar work.

Thanks again for your input. It is much appreciated!

pork1 · March 2006

THOMAS: Welcome to the forum! You should call your local Fed Wage and HOur folks and ask for a copy of Part 778 an interpretive bulleting pertaining to the FLSA. On page 31, paragraph 778.223 they will lead you to your answer needed. Under the act an employee must be compensated for all hours worked. As a general rule the term "hours worked" will include (a) all time during which an employee is required to be on duty or to be on the copany's premises or at aprescribed work place and (b) all time during which an employee is suffered or permitted to work, whether he/she is required to do so.

This interpretation comes from the employer's side of the equation. I believe it says you can have interns doing work as a part of an educational opportunity; however, you can not have an employee, regardless of title, doing work, which may be part of an educational opportunity, but is job task that you would otherwise pay an employee to do. I would look at your internship program and how is it administered as a voluntary individual?

Our internships are always with an employee designation, when the learning is equal to a routine daily activity of our employees.

Otherwise, the internship can only relate to research activities related to a specific issue directed by an educational authority and not this company. In these cases our floor and resources are agreed to be available in accordance with our understanding of the internship objectives.

PORK

thomas · March 2006

Thanks for taking the time to offer your advice. Will contact W & H for a copy of the interpretive bulletin you suggested although I'm a little confused. As an unpaid intern, didn't think FLSA considered this individual to be an employee. Will be anxious to see what the bulletin says.

Am interested in the piece you mentioned about not having employees doing work as part of an educational opportunity.

I neglected to post in my message that there are no other employees paid to perform the duties of either position. This paid position would be funded by a grant written specifically for this position allowing us to pay the intern for the services she would provide to children.

Unpaid interns vs. employees

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