Florida Unpaid Interns May be Eligible for Worker's Compensation

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If your organization helps students and recent graduates gain work experience by offering internships, be aware that even interns who aren't paid could be eligible for workers' compensation.

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FAQ

The short answer is yes. An internship is work, so it does count as employment / work experience.

Unpaid internships are legal if the intern is the primary beneficiary of the arrangement. This is determined by the seven-point Primary Beneficiary Test. If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to minimum wage.

There are no legal limits on the number of hours an unpaid intern over the age of 18 is allowed to work. For undergraduate students still in school, unpaid internship hours per week are usually limited to 10 to 20.

The average salary for a intern is $15.80 per hour in Florida.

In Texas, if a company has worker's compensation, interns are generally eligible for the same coverage as full-time employees.

The majority of interns are now classified as employees and receive payment throughout their internship or externship.

If you don't get the opportunity to ask those questions during or after the interview, consider doing so via email. Let them know how much you appreciate their time and ask if you can follow up with a few questions. At this point, simply ask them whether the internship is paid or unpaid.

Definition. Staff refers to a person hired on a long term or short term contract to fulfill a specific task in an organization in exchange for an annual, monthly or weekly income. On the other hand, an intern refers to a temporal worker whose aim is to have an on-the-job training as opposed to pay for skills provided.

Interns are usually college students or recent graduates who work for a company on a temporary basis, often for academic credit. A company cannot be the primary beneficiary; an intern should not be replacing the work of an employee because the internship is for education and training purposes.

If an intern does regular paid work for an employer, they may qualify as an employee and be eligible for employment rights.

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Florida Unpaid Interns May be Eligible for Worker's Compensation