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

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US-0543BG
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Description

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.

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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.

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