New Hampshire Unpaid Interns May be Eligible for Worker's Compensation: In the state of New Hampshire, unpaid interns hold a unique position in terms of worker's compensation. While their status as interns might raise questions about their eligibility for such benefits, the state laws ensure that unpaid interns can also access worker's compensation under specific conditions. Worker's compensation provides financial and medical benefits to employees injured on the job. The aim is to provide support for lost wages, medical treatment, rehabilitation, and other expenses resulting from work-related injuries. While typically reserved for paid employees, New Hampshire extends this coverage to certain unpaid interns as well. Under New Hampshire law, unpaid interns are eligible for worker's compensation if they satisfy the criteria of an "employee" as defined by the state statutes. The specific conditions outlined under worker's compensation laws include: 1. Interns Covered by Employer's Insurance: Unpaid interns may be eligible for worker's compensation if their employer has an active worker's compensation insurance policy. It is crucial for employers to provide coverage to all interns, whether they are paid or unpaid. 2. Internship is Part of a Program: The internship must be part of an educational or vocational program approved by the intern's school or educational institution. This requirement ensures that the internship has a clear educational purpose and is not merely an unpaid job. 3. Written Agreement: The unpaid intern and employer must have a written agreement stating that the intern understands their rights and responsibilities regarding worker's compensation coverage. Moreover, it is important to note that there are different types of unpaid interns who may be eligible for worker's compensation: a) College Interns: Unpaid interns who are currently enrolled in a college or university and are part of an approved internship program. b) High School Interns: Unpaid interns who are still attending high school and participate in internships as part of their school's curriculum. c) Vocational Program Interns: Unpaid interns who are enrolled in vocational training programs that offer internships as part of their learning experience. d) Apprenticeship Interns: Unpaid interns engaged in apprenticeships, which involve hands-on training in a particular trade or industry. In conclusion, unpaid interns in New Hampshire may be eligible for worker's compensation if their internship meets specific criteria outlined by state law. It is important for employers to ensure that their insurance coverage extends to all intern classifications and that written agreements are established with interns to clarify their rights and responsibilities.
New Hampshire Unpaid Interns May be Eligible for Worker's Compensation
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So unpaid internships are highly dicey as to their legality or not. They are also not realistic for many people. An unpaid internship can take up the time of a full time job, making it difficult for poorer students who may need additional sources of income. It's hard to balance a full time internship, job and school.
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, unpaid internships are legal as long as the employer follows specific rules and requirements. For starters, the intern must be the primary beneficiary and not the employer.
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.
Unpaid internships must be also approved by the NHDOL under Chapter LAB 805.02. More information is available on the NHDOL website, , linking to the Frequently Asked Questions and then the topic of School-to-Work.
There are no legal limits on the number of hours an unpaid intern over the age of 18 is allowed to work. For undergraduate students still in school, unpaid internship hours per week are usually limited to 10 to 20.
If you don't get the opportunity to ask those questions during or after the interview, consider doing so via email. Let them know how much you appreciate their time and ask if you can follow up with a few questions. At this point, simply ask them whether the internship is paid or unpaid.
Interns usually must be paid, but there are limited circumstances when they may be unpaid. The Department of Labor Standards (DLS) determines who can work as an unpaid intern.
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.
New Hampshire law requires employers to provide workers' compensation insurance. The primary responsibility for obtaining workers' compensation insurance rests upon employers who must apply for and obtain coverage prior to the hiring of any employee.
