Unpaid internships are beneficial to students and can sometimes be somewhat beneficial to employers. However, employers must be careful when hiring workers as interns who will not be paid. California law follows federal law regarding paid internships. The legal requirements for unpaid interns is as follows and each element must be met. If any element is not met, the worker is an employee who must be paid at least minimum wage, overtime if applicable, etc., etc.
1. The intern cannot displace a regular employee.
2. The intern is not guaranteed a job at the end of the internship.
3. The company and intern understand that the intern shall not be paid for his/her work during the internship.
4. The intern must receive training from the company.
5. The intern must receive hands on experience with equipment and processes of the industry.
6. The intern's training must primarily benefit the intern and not the company.
It is best for the company to have a well written agreement which sets out the term of the internship, the fact that the intern shall not be paid, will receive training, etc. The Law Office of Kristine S. Karila drafts such contracts and consults with employers to guide them with internships so as to prevent being sued for unpaid wages, etc. or being audited by the state.
If you are a worker who was considered to be an unpaid intern and any of the above elements was not met, call Kristine S. Karila, Employment Law Attorney for a free phone consultation. 949-481-6909.
1. The intern cannot displace a regular employee.
2. The intern is not guaranteed a job at the end of the internship.
3. The company and intern understand that the intern shall not be paid for his/her work during the internship.
4. The intern must receive training from the company.
5. The intern must receive hands on experience with equipment and processes of the industry.
6. The intern's training must primarily benefit the intern and not the company.
It is best for the company to have a well written agreement which sets out the term of the internship, the fact that the intern shall not be paid, will receive training, etc. The Law Office of Kristine S. Karila drafts such contracts and consults with employers to guide them with internships so as to prevent being sued for unpaid wages, etc. or being audited by the state.
If you are a worker who was considered to be an unpaid intern and any of the above elements was not met, call Kristine S. Karila, Employment Law Attorney for a free phone consultation. 949-481-6909.
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