Guam Unpaid Interns May be Eligible for Worker's Compensation

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US-0543BG
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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

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.

Sole proprietors, business partners, corporate officers, and members of limited liability companies may exempt themselves. Overall, it is estimated that 91% of Illinois employees are covered under the Act.

An intern might be eligible for workers' compensation coverage if they are unpaid but their duties and schedule are directly controlled by you as the employer.

Accordingly, interns whether paid or unpaid are eligible for workers' compensation benefits in most cases.

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.

Be aware there are some workers' comp exemptions to New Jersey's law, such as: Unpaid interns. Unpaid volunteers. Independent contractors.

Workers' compensation, which pays you certain benefits if you are hurt on the job, is only for employees. The law in Illinois does not extend the right to benefits to volunteers.

Workers' compensation laws apply a broad definition of the word employee and may cover interns regardless of whether they are paid or not. Accordingly, interns whether paid or unpaid are eligible for workers' compensation benefits in most cases.

1. Are unpaid internships legal? Yes, unpaid internships are legal if they primarily benefit the intern. The Fair Labor Standards Act (FLSA) has a test, the primary beneficiary test, for determining whether an internship is legally allowed to be unpaid.

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.

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Guam Unpaid Interns May be Eligible for Worker's Compensation