Intern or employee???

How do you know when your interns crosses the line to become an employee?


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  • From the DOL.... 6 factors to evaluate whether a trainee, intern, extern, apprentice, graduate assistant, or similar individual is to be considered an employee. If all of the following six factors are met, then an employment relationship does not exist:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />


    1.   The training is similar to what would be given in a vocational school or academic educational instruction;

    2.   The training is for the benefit of the trainees or students;

    3.   The trainees or students do not displace regular employees, but work under their close observation;

    4.   The employer that provides the training derives no immediate advantage from the activities of the trainees or students, and on occasion the employer’s operations may actually be impeded;

    5.   The trainees or students are not necessarily entitled to a job at the conclusion of the training period; and

    6.   The employer and the trainees or students understand that the trainees or students are not entitled to wages for the time spent in training.

  • It looks like if the first 5 factors are met, the trainee does not have to be paid.

    My question is, can a person be an unpaid trainee/intern part of the time and a paid employee at other times?

    For instance, trainee on Monday, Wednesday, and Friday; and employee on Tuesday and Thursday.

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