York College Internship Program

The U.S. Fair Labor Standards Act (FLSA), which applies to all companies that have at least two employees directly engaged in interstate commerce and annual sales of at least $500,000.00, severely restricts an employer's ability to use unpaid interns or trainees. It does not limit an employer's ability to hire paid interns.

You do not have to pay interns who qualify as leaders/trainees. The U.S. Department of Labor has outlined six criteria for determining trainee status:

• 实习生不能取代正式员工
• Interns are not guaranteed a job at the end of the internship (though you may decide to hire them at the conclusion of the experience)
• 实习生在实习期间没有工资待遇
• Interns must receive training from your company, even if it somewhat impedes the work
• Interns must get hands-on experience with equipment and processes used in your industry
• Intern training must primarily benefit them, not the organization

Workers compensation boards have found that interns contribute enough to a company to make them employees. It is wise to cover interns under your workers compensation policy even though you are not required to do so. Student interns are not generally eligible for unemployment compensation at the end of the internship.

Even if a student is working through a school program for which he or she is being given college credits, the student still has the right, under the FLSA, to be paid unless the employer is not deriving any immediate advantage by using him/her (see six points above). Paid interns make ideal workers because they are hungry to learn, eager to make a good impression and willing to perform a multitude of tasks. The relatively small amount of money employers spend on intern wages and benefits is a good investment because it often produces future, long-term employees.

The employer should identify the specific terms and conditions of employment (e.g., 实习时间, including date the internship will end; compensation; organizational and/or reporting relationships; principal duties, tasks or responsibilities; working conditions; confidentiality; any other expectations of the employer), and should discuss these with the prospective intern so that there is no misunderstanding regarding the relationship.

Also, it may make good sense to document such a discussion with a written agreement. Please note that compensation for internships is not regulated by York College in any way.

Remember that interns must be treated fairly by your organization. If an intern is harassed at your organization and you do not do anything about it, 你的组织将面临诉讼的风险. Take time to advise your interns of appropriate workplace behavior, the organization's harassment policy and complaint procedures and other items that they may need to know while interning with you.