Virginia Internship Programs under State and Federal Law

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This form provides a brief summary of state and federal laws regarding using interns in the workplace

Virginia Internship Programs are opportunities offered under both state and federal law that provide students and individuals with valuable work experience in various fields. These programs aim to bridge the gap between academic learning and real-world application by offering practical training and exposure to professional environments. Under Virginia state law, there are several types of internship programs available: 1. College and University Internship Programs: These programs are coordinated by educational institutions in Virginia and provide students with hands-on experience in their chosen fields. They often require students to complete a certain number of hours or a specific period of time at an approved organization or company. 2. Government Internship Programs: The Virginia state government offers internship opportunities to students who are interested in gaining experience in public service. These programs may be available at various government agencies, such as the Department of Education, Department of Health, and Department of Environmental Quality. 3. Private Sector Internship Programs: Many private companies and organizations in Virginia offer internship programs to students and individuals looking to gain industry-specific experience. These programs can be found across sectors such as technology, finance, healthcare, and marketing, among others. Under federal law, there are also internship programs available in Virginia that adhere to specific regulations: 1. Federal Government Internship Programs: These programs provide opportunities for individuals to work within federal agencies, departments, and offices located in Virginia. Some notable examples include internships with the U.S. Department of Defense, U.S. Department of State, or the Federal Bureau of Investigation. 2. Nonprofit Organization Internship Programs: Nonprofit organizations operating in Virginia often offer internships that focus on various social issues and community involvement. These programs allow individuals to contribute to meaningful causes while gaining valuable experience. Examples of such organizations include the American Red Cross and Habitat for Humanity. It's important to note that both state and federal internship programs are subject to specific laws and regulations to protect the rights and welfare of interns. These laws include provisions on minimum wage, working hours, anti-discrimination, and workplace safety. It is advisable for interns and participating organizations to familiarize themselves with these laws to ensure compliance and a positive internship experience.

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FAQ

The United States Department of Labor's regulations require that for-profit companies pay at least minimum wage ($7.25/hour in Virginia) if the intern is employed to include suffer or permit to work for the employer. In most cases, the intern is considered an employee and must be paid.

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.

As the law currently stands, unpaid internships are illegal as long as the intern carries out work that is considered to be of value to their employer and has set hours and responsibilities.

Definition. Staff refers to a person hired on a long term or short term contract to fulfill a specific task in an organization in exchange for an annual, monthly or weekly income. On the other hand, an intern refers to a temporal worker whose aim is to have an on-the-job training as opposed to pay for skills provided.

A paid internship is considered employment when the intern enters into a contract with an employer and performs work in return for compensation. The intern must have a contractual employment relationship with an employer and receive some form of compensation.

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.

Paid versus unpaid positionsInterns are not automatically considered employees under the Employment Standards Act (ESA) and are therefore not guaranteed certain rights. While employees can also be interns, not all interns are necessarily considered employees.

The short answer is yes. An internship is work, so it does count as employment / work experience.

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.

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.

More info

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Virginia Internship Programs under State and Federal Law