Internship Programs under State and Federal Law
About this form
This form provides an overview of internship programs under state and federal law, specifically focusing on the Fair Labor Standards Act (FLSA). It outlines the criteria that differentiate interns from employees and explains when internships can be unpaid. Unlike other employment forms, this document serves to clarify the legal framework surrounding internships, ensuring that both employers and interns understand their rights and obligations.
Key parts of this document
- Definition of employment as per the FLSA
- Criteria for unpaid internships in for-profit sectors
- Guidelines for intern training and supervision
- Expectations for fixed-duration internships
- Consideration of volunteer roles in public and non-profit sectors
- Recommendations for agreements with interns
Common use cases
This form is essential when setting up an internship program within a for-profit business. Use it to ensure compliance with federal and state regulations regarding intern remuneration. It is also useful for employers evaluating whether an internship can be unpaid and what criteria must be satisfied to maintain compliance with the FLSA.
Who should use this form
- Employers planning to establish internship programs
- Human resources professionals managing intern hiring practices
- Internship coordinators at educational institutions
- Students or individuals considering internship opportunities
How to prepare this document
- Review the six criteria for unpaid internships outlined in the FLSA.
- Evaluate your internship program against these criteria to determine eligibility.
- Draft an agreement that incorporates the criteria and outlines expectations.
- Clearly communicate the purpose and structure of the internship to participants.
- Ensure compliance with any state-specific regulations surrounding internships.
Notarization requirements for this form
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to determine if the internship meets legal criteria for unpaid status.
- Using interns to replace or supplement regular employees.
- Not providing adequate supervision or educational components.
- Expecting interns to perform work that significantly benefits the employer.
Why complete this form online
- Convenient access to the most current legal information on internships.
- Editability to tailor the form to specific internship programs.
- Reliable guidance from licensed attorneys on compliance with laws.
Main things to remember
- Internships can be unpaid under specific conditions that benefit the internâs education.
- Employers must adhere to both federal and state laws when creating internship programs.
- Employers are encouraged to have agreements in place to protect both their interests and those of the interns.
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FAQ
Some employees are exempt from this requirement of the FLSA. Generally, it is difficult to establish that an intern is exempt from overtime because interns do not exercise discretion and independent judgment in performing their job duties, which is the critical requirement to be exempt.
The Employment Act covers every employee who is engaged under a contract of service, including interns.The employer must pay the intern for the extra hours of work or for working on his rest days or public holidays.
All employees under a contract of service with an employer are covered, but there are exceptions. For example, Part IV of the Act which provides for rest days, hours of work and other conditions of service, does not cover managers or executives.
Congressional interns work in the offices of state representatives and members of the Senate.By observing Congress firsthand, they develop political awareness and job skills. Congressional interns provide administrative assistance to members of Congress and their staff, attend meetings and interface with constituents.
The Employment Act covers every employee who is engaged under a contract of service, including interns.The employer must pay the intern for the extra hours of work or for working on his rest days or public holidays. The rate for overtime work should be no less than one and a half times his hourly basic rate of pay.
Establish Clear Goals. Communicate Goals & Expectations. Plan Your Interns' Experience Before Their First Day. Get The Obligatory Paperwork Out of the Way. Make Day One Memorable. Get your Team Involved. Don't Forget to Wrap It Up.
Unless all of the following criteria are met, the intern is legally an employee, who must be paid the minimum wage, earn overtime, and receive all of the other protections guaranteed by state and federal employment laws: Interns cannot displace regular employees.
Your Job or Internship Offer Got RescindedIf you accepted a paid job or internship offer, but your offer was rescinded specifically because of COVID-19, then you can qualify for unemployment benefits. You'll most likely have to show proof of your offer and formal notice of rescission to qualify.
Unless all of the following criteria are met, the intern is legally an employee, who must be paid the minimum wage, earn overtime, and receive all of the other protections guaranteed by state and federal employment laws: Interns cannot displace regular employees.
