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Unpaid Interns May be Eligible for Worker's Compensation

Sacramento California Unpaid Interns May be Eligible for Worker's Compensation

Name: Sacramento California Unpaid Interns May be Eligible for Worker's Compensation
Brand: US Legal Forms
Rating: 4.66 (468 reviews)

Category:

Employment - Agreements - Worker Compensation Insurance

State:

Multi-State

County:

Sacramento

Control #:

US-0543BG

Format:

Instant download

Description

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

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.

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.

So, if an educational institution provides significant benefits to an unpaid intern for her volunteer work with an outside employer, she may qualify as an employee of that employer.

Title VII of the Civil Rights Act does not cover federal employees or independent contractors....Title VII of the Civil Rights Act covers all of the following: Private and public sector employers with 15 or more workers. State and local governmental agencies. Employment agencies. Apprenticeship programs.

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.

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.

In California, unpaid internships are legal as long as the employer follows specific rules and requirements. For starters, the intern must be the primary beneficiary and not the employer. The law recognizes the need for students to gain valuable work experience in their chosen field before they graduate.

California rules for an unpaid internship The intern can't get employee benefits, such as insurance or workers compensation. The employer must instruct the intern to operate in a specific industry, not only a particular firm. After recruiting, the company has to be upfront about the unpaid nature of this position.

Internships do not displace regular employees. Instead, interns work in partnership with and under the supervision of regular employees. Employers receive no immediate benefit from interns' activities.

More info

Can a person hired for 3-6 months be an unpaid intern or is minimum wage required? Find out when your employer can treat you as an unpaid intern.Qualified applicants are encouraged to apply immediately. Now that we represent workers, we know what your employer will say to limit liability how to counter those claims. After you've had time to review your responsibilities and compensation package, be sure you and your employer are on the same page. Due to a shortage of qualified workers, and other jobs were lost altogether. Emotional distress damages. This recruitment is open until filled and there are four cutoff dates as to when applications will be reviewed. Honors Internship Program. Vrmeenrajan 8 replies 4 threads New Member.

Sacramento California Unpaid Interns May be Eligible for Worker's Compensation

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How to fill out Sacramento California Unpaid Interns May Be Eligible For Worker's Compensation?

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Are paid interns considered employees in California?

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