In many cases, individuals offered internships appreciate the opportunity without fully cautioning the reasons for it being an unpaid position. While there are specific allowances for unpaid internships within federal and state employment laws, ensuring that your employer is not seeking to exploit your services is essential. Unfortunately, many companies target specific groups to obtain free or cheap labor through unethical practices. Please continue reading to learn the employment laws for interns and how a trusted New York Employee Rights Lawyer can help safeguard your rights.
What Employment Laws Protect Unpaid Interns in the Workplace?
If you are currently in an internship, this position is temporary. Despite only being a short-term opportunity, you should not face discriminatory or unjust actions against you. Federal and state employment laws are intended to protect you like a full-time company employee. For instance, federal anti-discrimination laws prohibit employers from engaging in discriminatory workplace actions based on race, color, sex, sexual orientation, gender identification, religion, national origin, or any other protected class. These protected classes apply to all individuals in the workplace, including unpaid interns. It’s important to note that only certain exceptions warrant an employer retaining unpaid interns in the workplace. Generally, employees must pay their interns according to the state or federal minimum wage.
When Does an Unpaid Internship Violate the Law?
The U.S. Department of Labor considers several factors to determine whether an employer must pay an inter. An employer can only avoid paying an intern at least minimum wage under the Fair Labor Standard Act after consideration of the following factors:
- Whether the employer made an implied or express promise of compensation for work done during the internship
- Whether the training is similar to training received in a clinical or educational program
- Whether it’s limited to a period when they are benefiting from educational learning
- Whether the internship and the intern’s educational process are tied together
- Whether it corres[onds with a student’s academic calendar
- Whether the intern’s work complements or replaces the production of regular, paid employees
- Whether they understand they are not guaranteed paid employment at the end of the internship
You may have a legal claim if you were hired for an internship under the guise of providing vocational and educational benefits, and the company failed to do so. Similarly, if the company hired you as an intern and paid you below minimum wage, you may be entitled to pursue legal action against them. Whatever the case may be, it’s in your best interest to contact a determined lawyer from Bell Law Group to determine whether you can pursue a claim. Contact our firm today to discuss the details of your case with an experienced New York employment rights lawyer.
