Six Labor Law Rules
According to the Fair Labor Standards Act, the following six requirements apply to unpaid internships:
1. The work performed (the DOL uses the word "training") is an
extension of a trade studied by the student or similar to the interns
2. The work (or training) is for the benefit of the student intern.
3. The intern does not replace regular employees, but works under their close observation.
4. The employer derives no immediate advantage from the student intern's activities. (the interns' activity is primarily an educational experience and doesn't significantly benefit the employer.)
5. The intern is not necessarily entitled to a job at the conclusion of the internship. The employer holds no promise of future employment.
6. The employer and the intern understand that the student is not entitled to wages for the time spent in the internship.
Only College of the Canyons students may apply to an internship. As a result, there are four core requirements the student, the employer and the internship office must follow:
Potential interns must register as COC students, and register in a Cooperative Work Experience course (CWE-188)
Employers must commit to providing minimum number of hours per registered unit:
|Units Enrolled||Paid Internship Hours Required||
Students must complete a workplace project that not only provides the opportunity to demonstrate a skill, but to gain a meaningful work experience through "mentoring" by the employer.
Verification of completed hours
by time sheet.
If you are able to meet all of the Education Code requirements outlined, then an intern from College of the Canyons is feasible for your organization. The next step is to determine if your organization will host a paid or unpaid internship. Here is what you need to know.
Before posting an unpaid internship, make sure your company is positioned to follow the Fair Labor Standard Act (FLSA) and to the U.S. Department of Labor (DOL) criteria and obligations for hiring an unpaid intern.
Unless the internship experience passes the six labor law rules, the employer must pay interns at least the minimum wage.
Make sure unpaid interns aren't replacing the void left from laid-off employees and don't hinder opportunities for prospective employees. The federal Fair Labor Standards Act bans both practices.
Unpaid interns are protected by discrimination and harassment laws.
Unpaid interns must be protected by Workers Compensation. College of the Canyons provides WC benefits for unpaid interns upon satisfied registration in CWE-188. It's important for you, the employer, to notify the internship office when you select an intern to ensure coverage.
Unpaid interns are heavily regulated. A simple solution to avoiding the restrictions surrounding an unpaid intern is to use an intern….but pay them even if at minimum wage. Paid interns are more likely to feel more appreciated and, therefore be more productive. Paid interns are also more likely to be enthusiastic in supporting and promoting the business or organization after the internship is over.
If you are not interested in posting an internship click here to post a job.