Michigan Unpaid Interns May be Eligible for Worker's Compensation
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How to fill out Unpaid Interns May Be Eligible For Worker's Compensation?
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FAQ
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.
In Michigan, employers must carry workers' compensation insurance, which provides wage replacement, medical, and rehabilitation benefits to employees who are injured or fall ill because of their work, regardless of fault.
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 that there are exemptions to the state law, such as: Agricultural employers, unless they have three or more employees working more than 35 hours a week for 13 weeks. Domestic workers, like housekeepers. Partners and officers of a partnership and corporation.
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.
In Michigan, employers must carry workers' compensation insurance, which provides wage replacement, medical, and rehabilitation benefits to employees who are injured or fall ill because of their work, regardless of fault.
The answer is: A) The injury must have occurred while the employee was on the job.
Almost always, interns must be paid. You can pay them minimum wage if you want, but you've got to pay them. WH Publication 1297 and Section 10b11 of the Department of Labor (DOL) Field Operations Handbook describe the following six situations in which you DO NOT have to pay interns (what the DOL calls trainees):
Be aware that there are exemptions to the state law, such as:Agricultural employers, unless they have three or more employees working more than 35 hours a week for 13 weeks.Domestic workers, like housekeepers.Partners and officers of a partnership and corporation.Sole proprietors who are considered self-employed.More items...
Michigan workers' comp death benefitsIf an employee dies in an on-the-job accident, family members could be eligible for workers' compensation death benefits.
