Ohio 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

If an intern is placed with the employer for a trial period with the expectation that he or she will then be hired on a permanent basis, that individual generally would be considered an employee under the FLSA.

Ohio law requires every business with employees to provide workers' compensation insurance purchased through a state agency. This policy covers medical bills and partial lost wages for work-related injuries.

If an intern is placed with the employer for a trial period with the expectation that he or she will then be hired on a permanent basis, that individual generally would be considered an employee under the FLSA. Internships can be valuable for both the business and the intern.

California rules for an unpaid internshipThe intern can't get employee benefits, such as insurance or workers compensation. The employer must instruct the intern to operate in a specific industry, not only a particular firm. After recruiting, the company has to be upfront about the unpaid nature of this position.

Yes. Ohio companies with any employeeseven if they just have one person working for themmust purchase workers' compensation insurance to protect their employees when they suffer work-related injuries. Employees must be covered as soon as they begin their first day of work.

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.

Ohio law requires employers to obtain workers' compensation insurance for all employees. As such, we define Ohio employers as either state-fund or self-insuring. BWC pays medical benefits and lost wages to employees who are injured or contract an occupational disease on the job.

An intern is entitled to the National Minimum Wage if they count as a worker. Employers cannot avoid paying the National Minimum Wage if it's due by: saying or stating that it does not apply. making a written agreement saying someone is not a worker or that they're a volunteer.

Unpaid Interns 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.

Generally, employers must pay people that work for them. Some interns may not be considered employees under Federal law and therefore do not have to be paid. Certain requirements must be met for an employer to consider you an unpaid intern.

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Ohio Unpaid Interns May be Eligible for Worker's Compensation