New Jersey Internship Programs under State and Federal Law

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This form provides a brief summary of state and federal laws regarding using interns in the workplace
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  • Preview Internship Programs under State and Federal Law
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FAQ

Depending on the position, interns may or may not be paid. Unpaid internships are common, especially when the internship counts as academic credit toward graduation.

Unpaid internships can be a great way to start building your professional network, develop skills and receive valuable feedback from professionals. They can also be a good indicator of whether you'll like your future profession.

The FLSA requires for-profit employers to pay employees for their work. Interns and students, however, may not be employees under the FLSAin which case the FLSA does not require compensation for their work.

During the academic year, internships are typically part-time, between 10-20 hours a week; not to exceed 20 hours a week (September-May). Summer internships, or those during a semester in which the student is not enrolled in courses, can require up to 40 hours a week.

New Jersey laws Volunteers and interns are distinguished by some laws. Internships are designed to offer educational benefits to workers, and they can be unpaid or paid. For example, an intern might receive college credit for completing his or her internship.

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.

As the law currently stands, unpaid internships are illegal as long as the intern carries out work that is considered to be of value to their employer and has set hours and responsibilities.

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.

First, yes it is (i.e. to learn is the primary objective) which is why internships offer a stipend and not a salary. And as long as an internship covers basic expenses, we always recommend students to go for the one which would offer more learning (even if the stipend is lower) and students often make such choices.

During the school year interns usually commit between 10 and 20 hours a week. In the summer interns may commit up to 40 hours a week, especially if the internship is paid.

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New Jersey Internship Programs under State and Federal Law