North Dakota 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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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.
Under the Fair Labor Standards Act of 1938, any employee of a for-profit company must be paid for their work. However, interns are not considered employees under the FLSA.
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.
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.
A public employer may not pay interns a stipend that amounts to less than the minimum wage. If a public employer wishes to pay an intern a stipend, then the intern becomes a temporary employee, subject to minimum wage and all of the other applicable requirements of the FLSA.
Those businesses that employ three or more employees are required to carry workers compensation insurance except agricultural employment with fewer than 10 employees, certain sawmill and logging operations and all domestic employees are exempt.
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.
North Carolina law specifies that any business that employs three or more people is required to carry workers' compensation coverage. This policy provides medical benefits in the event of a work-related accident.
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.
North Dakota law requires businesses (with limited exceptions) to have workers' compensation insurance prior to hiring their first employee. Workers' compensation insurance is meant to protect both your company and your employees. To receive the latest employer newsletter, subscribe to our Employer InSite .
