Virgin Islands Unpaid Interns May be Eligible for Worker's Compensation
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FAQ
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 order to apply for a workers' compensation exemption, the applicant must complete and submit a Notice of Election to be Exempt online via the Florida Division of Workers' Compensation. The exemption application process is fairly straightforward once you determine that you have met the qualifications.
An intern might be eligible for workers' compensation coverage if they are unpaid but their duties and schedule are directly controlled by you as the employer.
Volunteers are in fact excluded from Florida's workers' compensation statutes, although there are some exceptions that workers and employers should be aware of. Florida does require workers' compensation benefits be provided to any person volunteering for a government entity or an agency of the government.
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.
Student interns are individuals who provide services to gain work experience. Workers' Compensation coverage is required for student interns (paid or unpaid) who provide services to a for-profit business, a nonprofit organization, or a government agency.
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.
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.
Be aware there are some workers' comp exemptions to New Jersey's law, such as: Unpaid interns. Unpaid volunteers. Independent contractors.
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.
