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It is common practice for many employers in the United States not to pay their interns. Instead of giving interns payments, employers promise student-trainees to receive significant experiences that they could use once they start working as regular employees. However, are there certain circumstances wherein employers should pay their interns?
According to the United States Department of Labor (DOL), employers may be required to pay their interns or student-trainees if they fail to adhere to certain criteria. A Los Angeles employer should pay interns if:
1. The internship program provided is not in accordance with the actual training provided in an academic environment.
2. The internship program only benefits the company and not the intern.
3. The employer gains immediate benefit from the duties done by the intern.
4. The intern works to displace a regular employee’s duties and is not under close supervision of a regular employee.
A particular lawsuit placed the instructions of DOL regarding internship requirements in the limelight. The case involved a former intern for Fox Searchlight Pictures. The defendant claims that he served as an intern for the production’s movie “Black Swan,” and instead of doing significant tasks, he was only asked to make coffee, take out trash, and clean the office. He also asserted that no close supervision was provided to him while doing his duties.
Based on the statements claimed by the plaintiff, Fox Searchlight failed to provide him with internship program that is at par with academic environment. Also, the company failed to closely supervise him while performing work duties.
Accordingly, interns or student-trainees who believe that their employer failed to adhere to DOL’s instructions regarding internship programs are advised to consult with a Los Angeles labor attorney whether or not they have a claim for a lawsuit. A lawyer’s advice can be beneficial in determining the proper legal actions to take with respect to filing a lawsuit.
According to the United States Department of Labor (DOL), employers may be required to pay their interns or student-trainees if they fail to adhere to certain criteria. A Los Angeles employer should pay interns if:
1. The internship program provided is not in accordance with the actual training provided in an academic environment.
2. The internship program only benefits the company and not the intern.
3. The employer gains immediate benefit from the duties done by the intern.
4. The intern works to displace a regular employee’s duties and is not under close supervision of a regular employee.
A particular lawsuit placed the instructions of DOL regarding internship requirements in the limelight. The case involved a former intern for Fox Searchlight Pictures. The defendant claims that he served as an intern for the production’s movie “Black Swan,” and instead of doing significant tasks, he was only asked to make coffee, take out trash, and clean the office. He also asserted that no close supervision was provided to him while doing his duties.
Based on the statements claimed by the plaintiff, Fox Searchlight failed to provide him with internship program that is at par with academic environment. Also, the company failed to closely supervise him while performing work duties.
Accordingly, interns or student-trainees who believe that their employer failed to adhere to DOL’s instructions regarding internship programs are advised to consult with a Los Angeles labor attorney whether or not they have a claim for a lawsuit. A lawyer’s advice can be beneficial in determining the proper legal actions to take with respect to filing a lawsuit.
