Washington Unpaid Interns May be Eligible for Worker's Compensation
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FAQ
Interns and students, however, may not be employees under the FLSAin which case the FLSA does not require compensation for their work. Courts have used the primary beneficiary test to determine whether an intern or student is, in fact, an employee under the FLSA.
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 California, the vast majority of workers are covered by workers' compensation. Any employer who has even one employee must have workers' compensation insurance. There are no exceptions for employees who work part time vs. full time, nor are there any exceptions for seasonal workers.
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.
Am I eligible for unemployment benefits? Most likely not, but it depends. As a paid intern, you are required to report your salary in your taxes. Depending on the income threshold for unemployment benefits in your state, you may be eligible.
California Law Protects Unpaid Interns and Volunteers from Harassment and Discrimination. California has become the third state in the country, after New York and Oregon, to ban sexual harassment and discrimination in the workplace directed toward unpaid interns.
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.
If certain criteria are met, learners and student learners may be paid less than the state minimum wage. Unpaid, required training, outside of required academic and licensing credentials, is not allowed.
Rules vary from country to country about when interns should be regarded as employees. The system can be open to exploitation by unscrupulous employers. Internships for professional careers are similar in some ways. Similar to internships, apprenticeships transition students from vocational school into the workforce.
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.
