Posted on 06/10/2003 8:41:16 AM PDT by Drango
Remember the NY Time's Rick Bragg who used an UNPAID stringer for part of his story? A practice that was described as common within the mainstream media...It's a clear violation of the Fair Labor Standards Act (FLSA). Here's one explanation from a quick google search. And while the focus is on college students, it's illegal for anyone to work for free.
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Generally, the FLSA states that if a company benefits at all from the use of interns, it will be required to pay them at least minimum wage. Employees may not waive their rights to minimum wage by offering to work for free, or even use course credit as the form of payment.
As a matter of fact, schools or colleges that insist students not be paid if they're getting credit are unknowingly suggesting that employers ignore the FLSA, which is very clear that there must be monetary compensation. Employers who are found to have violated the FLSA will be liable for back wages owed.
According to Paul Skalny, Esq., at Rapaport & Skalny, LLC, of Columbia, MD (www.legalbriefs.com), interning is a very misunderstood area of the law. In fact, most academic institutions are unaware of the position that they put employers in when they prohibit students from being paid if they're accepting course credit.
Nevertheless, interns can be a win-win investment. As long as the student is not doing anything that directly benefits your company and is simply observing or learning (as in a mentoring relationship), you may be justified in not paying them. It must be clear, however, that the student is involved in an educational program that is designed to provide him or her with professional experience in your company and that a paid employee is not being displaced. If these parameters are not met, you must pay them minimum wage and benefit from the students' energy and talents just as you would any other new hire. And finally, if you are not sure if you are violating the FLSA, review the situation with your HR consultant or legal counsel.
PS: I think the law is stupid but I still plan to hold it over the head of the liberal media...
Walgreens does not pay it pharmacy interns. I wonder how they get away with it?
Many health care professions require a clinical practicum prior to completion of the degree, including pharmacists. It is considered training, not work, so is exempt from the FLSA. There are strict requirements as to what one of these interns is allowed to do, of course, and must always work under the supervision of a licensed pharmacist.
They can't, for example, use them as a pharm tech or clerk.
I think they drug 'em...
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