Texas Coverage for Interns under the Affordable Care Act

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Interns can be terrific additions to a nonprofit's capacity building journey, but it's important to clarify whether they are unpaid volunteers or paid employees. Companies should make sure they comply with U.S. Department of Labor requirements so that unpaid interns cannot claim entitlement to wages or make other claims against the employer. Companies should also be aware whether or not these employees are covered under the Affordable Care Act.

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FAQ

The answer is generally yes, but different conditions must be satisfied depending on whether the intern job classification results in an indirect service requirement. An employer may exclude certain job titles from participating in its 401(k) plan.

Texas Workforce Commission encourages Texas employers to offer paid internships. Paid internships tend to attract more applicants.

In Texas, if a company has worker's compensation, interns are generally eligible for the same coverage as full-time employees. Can an intern sign a non-disclosure agreement? Yes, and if the intern will be exposed to confidential informa- tion, it is a good idea for you to ask this of your intern.

California employment law has additional requirements for employers to meet. Employers in the state have to apply to DLSE in order to set up an unpaid internship. Only if DLSE approves the application can the internship program proceed without pay. The application to DLSE has to outline the proposed internship.

A student may work part time (at least 20 hours per week when on post-completion OPT) or full time. A student may work as an unpaid intern, where this practice does not violate any labor laws.

Pay for Meetings or Training The Payday law requires that employees be paid for all time worked. The law does not specifically mention pay for meetings or training. However, DOL defines Compensable time as "the time an employee is required to be on the employer's premises, on duty, or at a prescribed workplace.

Some employers choose to offer temps and interns only medical coverage. The ACA employer mandate does not require an offer of other health benefits (such as dental and vision coverage) to avoid potential penalties.

A student may work part time (at least 20 hours per week when on post-completion OPT) or full time. A student may work as an unpaid intern, where this practice does not violate any labor laws.

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Texas Coverage for Interns under the Affordable Care Act