Colorado Internship Programs under State and Federal Law are designed to facilitate experiential learning opportunities for students and recent graduates while ensuring compliance with labor and employment regulations. These programs allow individuals to gain practical work experience in their chosen field, develop professional skills, and network with professionals in their industry. Under Colorado state and federal law, there are two main types of internship programs: paid internships and unpaid internships. Both types must comply with specific criteria to ensure they meet the legal requirements. 1. Paid Internships: Paid internships in Colorado are subject to the Fair Labor Standards Act (FLEA) and Colorado wage laws. These internships involve compensation for the intern's work and are governed by certain rules: a. Minimum Wage: Paid interns are entitled to receive at least the applicable minimum wage set by the state or federal law, whichever is higher. b. Overtime Pay: If paid interns work more than 40 hours per week, they must be paid overtime at a rate of 1.5 times their regular hourly wage, following the FLEA guidelines. c. Employment Taxes: Employers hiring paid interns are required to withhold employment taxes, including Social Security and Medicare, just like regular employees. 2. Unpaid Internships: Unpaid internships in Colorado must adhere to the guidelines outlined in the Department of Labor's (DOL) six-factor test for unpaid interns under the FLEA. To qualify as an unpaid internship, the following criteria must be met: a. Educational Focus: The internship must primarily serve the educational interests of the intern, providing them with training and hands-on learning experiences. b. No Displacement: Unpaid interns cannot replace regular employees or perform tasks that would typically be carried out by a paid staff member. c. No Immediate Benefit: The intern should not receive immediate financial gain from their work; rather, the experience itself should be the main benefit. d. Supervision and Training: Regular oversight and mentorship should be provided to ensure the intern's learning and development throughout the program. e. Mutual Understanding: Both the intern and the employer must have a clear understanding that the position is unpaid and that it does not guarantee future employment. f. No Entitlement to a Job: The intern must acknowledge that the internship does not entitle them to a subsequent paid position. Note that unpaid internships that fail to meet these criteria might be considered illegal, and employers could face legal consequences for violating the FLEA requirements. In conclusion, Colorado Internship Programs under State and Federal Law consist of both paid and unpaid opportunities. Paid internships guarantee compensation in accordance with wage laws, while unpaid internships must adhere to the DOL's six-factor test for legality. Internships provide valuable experiences to individuals seeking to enhance their knowledge and skills in their desired industry, fostering a bridge between academics and the working world.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.