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Are Your Interns Legal? (Mainstream media stringers)
vault.com ^ | N/A | Eileen Levitt

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.


Are Your Interns Legal?

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by Eileen Levitt

As it became harder and harder for companies to recruit qualified workers, more firms have looked at college interns as a way to get the job done. Using college interns can allow employers to benefit in a variety of ways. Not only are there technically trained students who are eager to receive work experience in their field, but it is also a good way for the company to decide whether a person is a potential hire. Employers who may be considering the use of interns, however, need to make sure that they don't become entrapped by the Fair Labor Standards Act (FLSA).

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.


TOPICS: Extended News
KEYWORDS: flsa; illegal
OK, Washington Post, SF Chron, LA Times, Chicago Trib....Let's start following the law.

PS: I think the law is stupid but I still plan to hold it over the head of the liberal media...

1 posted on 06/10/2003 8:41:16 AM PDT by Drango
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To: Drango
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.

Walgreens does not pay it pharmacy interns. I wonder how they get away with it?

2 posted on 06/10/2003 8:46:23 AM PDT by E. Pluribus Unum (Drug prohibition laws help support terrorism.)
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To: E. Pluribus Unum
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.

3 posted on 06/10/2003 8:49:58 AM PDT by Mr. Bird
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To: E. Pluribus Unum
Walgreens does not pay it pharmacy interns. I wonder how they get away with it?

I think they drug 'em...

4 posted on 06/10/2003 8:50:25 AM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: E. Pluribus Unum
I think this could also affect high schools that have imposed "mandatory volunteering" as a requirement of graduating.
5 posted on 06/10/2003 8:53:22 AM PDT by Betty Jane
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To: Betty Jane
internships are always a form of cheep labor. Look a doctors.

A few years back, when there were far fewer law schools, the big firms want to have a mandatory internship period because they felt the cost of new associates was too much. Internships would be forced slave wages. (btw: I understand that in the USA there is one law school opening for everyone applying to law school.)
6 posted on 06/10/2003 9:56:19 AM PDT by longtermmemmory
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To: Mr. Bird
I know that in the financial industry you can hire unpaid interns if they are receiving academic credit for working in an office. The same rule might apply to Walgreens.
7 posted on 06/10/2003 11:33:17 AM PDT by presidio9
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To: longtermmemmory
What's the point of hiring interns when you can hire Indians to do the work on the cheap?
8 posted on 06/10/2003 11:35:57 AM PDT by dfwgator
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