Whether or not an intern is paid is usually a deciding factor in considering hiring one. While many internships are not paid, labor laws usually allow the intern to work for college credit. However, there are restrictions to this exception. An internship must abide by specific criteria in order to be exempt from the Minimum Wage Act and Orders, which outlines New York’s laws regarding pay and overtime. In order to be exempt from this law, an intern cannot be considered an employee and an employment relationship cannot exist between the for-profit business and the intern. It can be determined that an employment relationship does not exist if the relationship meets all of the following criteria:
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“The Employee’s Lawyer” Says Unpaid Interns Deserve Same Workplace Protection Rights as Paid Employees
Also Calls for Financial Compensation for Performing Certain Work Duties
Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says that college students who perform work duties at companies without pay should be extended the same protection from sexual harassment in the workplace as their paid counterparts. He says the fact that they are unpaid should not make them more susceptible targets of their co-workers’ or supervisors’ unwanted advances.
