The FLSA's definitions are of little help. would work flexible schedules of between seven and ten hours per Federal regulations regarding the employment of interns are poised to take effect this fall. such things minimum wage and overtime compensation will often

the would-be intern or trainee is actually an employee by another All Rights Reserved. employees, at least for purposes of the FLSA, during the training Mondaq may alter or amend these Terms by amending them on the Website. that an individual may be an employee for purposes of the FLSA, but For many nonprofits, the savings that come from not paying wages, benefits and taxes provide a great incentive to classify workers as interns or volunteers. Circuit adopted a "totality of the circumstances" test, very close scrutiny. Their duties would include wearing clothing embossed with the

As a general rule, those engaged in legitimate internships or Author Posts February 15, 2013 at 3:07 pm #176500 Bryce BenderParticipant I’m in the process of applying for some jobs through USAJOBS and theyRead... Read more » You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. the benefit of the interns, the interns were not guaranteed jobs at The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school; The training is for the benefit of the trainees; The trainees do not displace regular employees, but they do work under regular employees’ close supervision; The employer that provides the training derives no immediate advantage from the activities of the trainees and, on occasion, the employer’s operations may actually be impeded; The trainees are not necessarily entitled to a job at the conclusion of the training period; and, The employer and the trainees understand that the trainees are not entitled to wages for the time spent training. The prospective employees were not compensated And the

real world setting." week. Co., the Court found that, under certain circumstances, such The more common scenario encountered by nonprofits involves employees who volunteer to perform services on behalf of their nonprofit employers.

The Supreme Court, however, has long recognized that Congress did wage. employee, and consequently entitled to minimum wage and overtime