Rhode Island Unpaid Interns May be Eligible for Worker's Compensation

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If your organization helps students and recent graduates gain work experience by offering internships, be aware that even interns who aren't paid could be eligible for workers' compensation.

Title: Rhode Island Unpaid Interns: Eligibility for Worker's Compensation Explained Introduction: Rhode Island's labor laws recognize the rights and protection of unpaid interns, extending the possibility for them to be eligible for worker's compensation. This article aims to provide a comprehensive understanding of the benefits and rights that Rhode Island's unpaid interns may be entitled to, highlighting key aspects and considerations. 1. Understanding Worker's Compensation for Unpaid Interns in Rhode Island: — Eligibility Criteria: Rhode Island law grants worker's compensation benefits to employees, and the definition of employee includes unpaid interns under specific circumstances. — Definition of Unpaid Interns: Unpaid interns in Rhode Island are individuals who engage in work activities to gain practical experience or fulfill educational requirements without receiving monetary compensation. — Covered Work-Related Injuries: Like other employees, unpaid interns may be entitled to worker's compensation benefits for injuries sustained during work-related activities or accidents. 2. Determining Eligibility for Worker's Compensation: — Relationship with the Employer: Rhode Island deems unpaid interns as employees if they have established an employment relationship with the host company or organization, implying a level of control and supervision. — Scope of Work: The intern's tasks should primarily benefit the employer rather than strictly educational purposes, aligning with the criteria set forth by the Rhode Island Department of Labor and Training. — Exclusions: Certain individuals, such as volunteers or participants in non-work-related programs, may not be eligible for worker's compensation benefits. 3. Types of Rhode Island Unpaid Interns Eligible for Worker's Compensation: — College and University Internships: Internship programs affiliated with educational institutions, where students gain practical experience related to their field of study, may be eligible for worker's compensation benefits. This includes interns involved in research, co-op programs, or credit-based internships. — Non-Profit Organization Internships: Unpaid interns working at non-profit organizations, where their activities primarily serve the organization's mission and operations, may also qualify for worker's compensation benefits if the employment relationship criteria are met. — Private Sector Internships: Rhode Island law recognizes that unpaid interns engaged in work activities that primarily benefit private sector employers may also be eligible for worker's compensation benefits. This includes those interning at corporations, businesses, startups, or other private entities. Conclusion: Rhode Island extends worker's compensation benefits to unpaid interns, subject to certain criteria established by the state's labor laws. By understanding the eligibility requirements and the different types of unpaid internships covered, interns can better protect their rights and seek appropriate compensation in case of work-related injuries. It is essential for employers and interns alike to be aware of these regulations to ensure a safe and fair working environment.

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FAQ

Unpaid internships can be a great way to start building your professional network, develop skills and receive valuable feedback from professionals. They can also be a good indicator of whether you'll like your future profession.

Depending on the position, interns may or may not be paid. Unpaid internships are common, especially when the internship counts as academic credit toward graduation.

Employers who hire unpaid interns face potential legal troubles, including costly class action lawsuits. Recently, unpaid interns brought a class-action lawsuit against Mary-Kate and Ashley Olsen's entertainment company, Dualstar Entertainment Group, LLC.

As such, unpaid interns rarely, if ever, receive protection under Title VII. Courts consider benefits other than wages such as sick leave and social security, but the tests still leave out swaths of students and other unpaid interns who should be protected.

Under the Fair Labor Standards Act of 1938, any employee of a for-profit company must be paid for their work. However, interns are not considered employees under the FLSA.

As such, unpaid interns rarely, if ever, receive protection under Title VII. Courts consider benefits other than wages such as sick leave and social security, but the tests still leave out swaths of students and other unpaid interns who should be protected.

In India it is very substantial to get a good paying Internships for a student. The Indian constitution recognizes the concept of Equal pay for Equal work. Right to work is given under Article 39(d) and Article 41 which comes under Directive principles of state policy.

The most obvious drawback to an unpaid internship is that there is no money. You could be spending your time off from school working a part-time job where you can get paid. Unless you are financially stable enough to work for free, you may not be able to consider an unpaid internship.

Title VII of the Civil Rights Act does not cover federal employees or independent contractors. However, federal employees are protected against discrimination by other federal anti-discrimination laws.

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.

More info

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Rhode Island Unpaid Interns May be Eligible for Worker's Compensation