1. The internship, even though it includes actual operation of the facilities of the employer, is similar training which would be given 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.
(U.S. Department of Labor Wage and Hour Division)
Assuming the internship qualifies under all six factors as an unpaid internship, the FLSA does not consider an employment relationship to actually exist. Therefore, the intern no longer qualifies for the minimum wage and overtime requirements, under the law. Make sure you know your rights as an intern, so you don’t get taken advantage of. While there are many amazing employers out there, with wonderful internship opportunities, there are some employers that are either unaware of the laws or are willing to take advantage of students looking for work experience. Were you aware of these guidelines before reading this article?
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