<p>This topic comes up regularly on CC. Saw this piece just now:</p>
<p>Given that the White House has unpaid internships, I’m finding it hard to believe that they are always illegal.</p>
<p>It depends on what they are doing. If they are actually doing work for a company, then they should be paid. If they are just learning and getting some experience for a resume’ then not.</p>
<p>Suggesting that unpaid internships are illegal is just plain silly, and given that it’s coming from the Obama administration and states with Democrat leadership, as well as minimum wage activists, suggests that it is all about politics and power and nothing about how destructive it will be when thousands of internships just disappear because the government believes – erroneously as usual – that it’s being “helpful.”</p>
<p>Consider the role of a student teacher: they ALL teach, doing the exact same job the classroom teacher does, but as far as I know, none are paid and, in fact, PAY for 12 or more college credits while they’re off student teaching. Where in the world would a school district that is already laying off teachers as most are these days get the funds to pay students teachers? I had an unpaid internship in college which my first professional employer told me was the number one reason I was hired: I had experience. I was grateful to have that internship and grateful for what I learned while I got in people’s way, asked dumb questions, made mistakes, and sometimes looked stupid.</p>
<p>Criminalizing unpaid internships for college students takes government overreach to a whole new level. These college students are adults, for God’s sake. If they think they’re being “exploited” they can quit and move on. I hardly think the best and brightest of our universities qualify as indentured servants in need of a government nanny.</p>
<p>The Fair Labor Standards Act is not new and should have been enforced in this area all along. Perhaps the fact that some companies are using unpaid interns and laying off paid employees has put the entire system under closer scrutiny. But not all internships constitute an employer-employee relationship and many companies are careful to keep it that way! The guidelines are very clear and simple for any HR professional to interpret:</p>
<ol>
<li>The training, even though it includes actual operation of the facilities of the
employer, is similar to what would be given in a vocational school or academic
educational instruction;</li>
<li>The training is for the benefit of the trainees;</li>
<li>The trainees do not displace regular employees, but work under their close
observation;</li>
<li>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;</li>
<li>The trainees are not necessarily entitled to a job at the conclusion of the training
period; and</li>
<li>The employer and the trainees understand that the trainees are not entitled to
wages for the time spent in training.</li>
</ol>
<p>If all of the factors listed above are met, then the worker is a “trainee”, an employment
relationship does not exist under the FLSA, and the FLSA’s minimum wage and overtime
provisions do not apply to the worker.</p>
<p>^^^Typical student teaching fits these criteria perfectly.</p>
<p>I’ve had student teachers before, and, believe me, they are more work to supervise and guide and instruct, than they are help.:eek:
They don’t come close to doing the exact job I do - they be green, green, green…</p>
<p>Student teachers also don’t have the basic requirements for the job - a degree and certification! Afaik, those are non-negotiable and no schools are on the hook for using student teachers in the place of regular employees. This would be true of many of the licensed professions that require in depth supervision for required fieldwork - PharmD, OT, PT, etc. - the fieldwork is an essential component of the education.</p>
<p>My D is doing an unpaid internship, and she is getting extremely valuable experience she would not otherwise get … plus, she is finding out whether or not she likes the field. It’s hardly slave labor. She could certainly say no to the job, since she knows it’s unpaid. She has done tons of volunteer work over the years … none of which has been paid, obviously … she considers this volunteer work that benefits her future.</p>
<p>I won’t comment on the political aspect, but let’s just say there may be more pressing issues at hand on the federal level …</p>
<p>
I think the list of more pressing issue is pretty long.</p>