Queens New York Internship Programs under State and Federal Law

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Multi-State
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Queens
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US-0542BG
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This form provides a brief summary of state and federal laws regarding using interns in the workplace

Queens, New York Internship Programs under State and Federal Law: A Comprehensive Overview In Queens, New York, there are various internship programs available that operate in accordance with both state and federal laws. These programs offer valuable opportunities for students and individuals to gain practical work experience and enhance their skills in a specific field. It is important for both employers and interns to be aware of the legal framework surrounding these internship programs to ensure compliance and a positive experience for all involved parties. 1. Unpaid Internship Programs: Unpaid internship programs in Queens, New York are designed for educational or training purposes, focusing on providing interns with hands-on learning experiences and exposure to real-world scenarios. These programs must adhere to specific criteria to comply with state and federal laws. The U.S. Department of Labor has established a six-factor test that employers must meet to classify an internship as unpaid. Some key factors include ensuring that the intern does not replace regular paid employees and that the intern receives educational benefits from the experience. 2. Paid Internship Programs: Paid internship programs in Queens, New York are designed to compensate interns for their work and provide them with valuable income during their internship period. State and federal laws govern minimum wage requirements for paid internships, ensuring that interns are fairly compensated for their efforts. Employers must comply with wage and hour laws and provide compensation in line with the minimum wage standards set forth by the state and federal government. 3. Academic Internship Programs: Academic internship programs in Queens, New York are typically organized in collaboration with educational institutions, such as colleges or universities. These programs allow students to earn academic credit while gaining practical work experience in their desired field of study. Academic internship programs usually have specific requirements and guidelines set by the educational institution to ensure the educational value of the experience. 4. Government Internship Programs: Government internship programs in Queens, New York offer opportunities for individuals to intern within various government agencies, departments, or offices. These programs aim to provide hands-on experience in public service and government operations. Government internship programs may be available at the local, state, or federal level, offering interns exposure to different aspects of public administration and governance. 5. Corporate Internship Programs: Corporate internship programs in Queens, New York are organized by private companies and businesses. These programs offer interns the chance to work within a professional setting and gain industry-specific skills and knowledge. Corporate internships can be found across various sectors, including finance, technology, healthcare, marketing, and more. 6. Nonprofit Internship Programs: Nonprofit internship programs in Queens, New York are available within charitable organizations, foundations, and nonprofit entities. These programs provide interns with the opportunity to contribute and learn about the operations of nonprofit organizations while supporting their mission and initiatives. Overall, Queens, New York offers diverse internship programs under state and federal law, catering to different educational backgrounds, career aspirations, and industries. Both interns and employers must familiarize themselves with the legal requirements surrounding internships to ensure compliance and a mutually beneficial experience. It is recommended to consult with legal professionals or relevant government agencies to fully understand the specific legislation and regulations pertaining to internships in Queens, New York.

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Unpaid internships are legal if the intern is the primary beneficiary of the arrangement as 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 at least minimum wage.

Unless all of the following criteria are met, the intern is legally an employee, who must be paid the minimum wage, earn overtime, and receive all of the other protections guaranteed by state and federal employment laws: Interns cannot displace regular employees.

In general, an intern is exempt from the New York State Minimum Wage Act and Orders (meaning, the intern does not need to be paid minimum wage, if anything) only if the intern and the business are not in an employment relationship.

Contrary to common practice, most unpaid interns are actu- ally employees who should be paid at least the federal and state minimum wage.

Interns are protected with regard to harassment and other forms of unlawful discrimination occurring on or after July 22, 2014. You may also file a complaint directly in court, but may not file both with the Division and in court.

Unpaid internships are legal if the intern is the primary beneficiary of the arrangement as 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 at least minimum wage.

Internships are programs where students or other trainees work for a period of time at a business, generally to gain experience or skills. Unlike the other types of employment, internships aren't always paid. In some cases, an intern works without pay at a business to receive college credit or even just experience.

Interns and students, however, may not be employees under the FLSAin which case the FLSA does not require compensation for their work. Courts have used the primary beneficiary test to determine whether an intern or student is, in fact, an employee under the FLSA.

Most common benefits The average salary for a paid intern is $18.77 per hour in New York, NY. 107 salaries reported, updated at June 13, 2022.

These workers include politicians, judges, officials and uniformed service members that work for the Executive, Legislative or Judicial branches of government. As well as civilians working in the Postal Service, law enforcement, public health, staffers and clerical workers at various government agencies.

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Queens New York Internship Programs under State and Federal Law