Palm Beach Florida Unpaid Interns May be Eligible for Worker's Compensation

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Palm Beach
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US-0543BG
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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

Paid interns are almost always covered by your workers' compensation policy.

Because unpaid interns are not technically employees, they are not covered by the Fair Labor Standards Act (FLSA) or Florida minimum wage laws. This means that they have no right to a certain hourly wageor any wage at all, for that matterin exchange for their work.

The federal courts and the U.S. Equal Employment Opportunities Commission have historically held that civil rights protections under Title VII of the Civil Rights Act of 1964 do not extend to unpaid interns.

Yes, they're basically indentured servitude, but that doesn't mean we should shame students who pursue them. The summer before my senior year in college, I landed an internship in New York City at a company where I'd always wanted to work.

The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

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.

Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case. Although it is natural to assume that because President Trump is pro-business, this means that Florida businesses can now use interns freely without paying them.

Under the Fair Labor Standards Act (FLSA) of 1938, any employee of a for-profit company must be paid for their work. However, interns are not considered employees under the FLSA.

Under the Fair Labor Standards Act (FLSA) of 1938, any employee of a for-profit company must be paid for their work. However, interns are not considered employees under the FLSA.

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Palm Beach Florida Unpaid Interns May be Eligible for Worker's Compensation