Employers

Employer Responsibilities

Provide a position description that accurately describes the internship. In order for the student to receive academic credit, he/she will need to complete an application form which they are responsible for sharing with you. This is an opportunity for you and the student to clearly define the learning goals and job duties for the internship.

The internship should offer the student an experience that enhances his/her academic learning and goals. Hiring a student for data entry, filing, answering phones, or other similar office duties is not appropriate unless balanced with meaningful professional responsibilities.

The intern should have an assigned mentor or supervisor that will oversee the student's performance and offer constructive feedback. This person should provide the student with effective guidance, and make sure that the learning objectives and goals are being met.

Must provide a safe and professional work environment for the intern. The student should be treated with the same level of respect and professionalism as any other company employee. A violation of this rule may result in the termination of the internship at hand, as well as future ties with the university.

Comply with Federal Laws regarding discrimination and afford all applicants equal opportunities regardless of race, color, national origin, gender, disability, sexual orientation, religion or veteran statues.

Make sure to comply with the Federal Wage and Hour Laws for internships, and that the Federal Wage and Hour Law Agreement attached to the internship application form is fully read and understood.

• Federal wage and hour law

  Federal wage and hour law states that internships should be paid –Exceptions to this law are described below:

  Internships in the “for-profit” private sector will most often be viewed as employment, unless the test described below relating to trainees is met.  Interns in the “for-profit” private sector who qualify as employees rather than trainees typically must be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek.

  The Test For Unpaid Interns

  There are some circumstances under which individuals who participate in “for-profit” private sector internships or training programs may do so without compensation.This may apply to interns who receive training for their own educational benefit if the training meets certain criteria.The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances of each such program.

  The following six criteria must be applied when making this determination:

  1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
  2. The internship experience is for the benefit of the intern;
  3. The intern does not displace regular employees, but works under close supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
  6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

  If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern.  This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad.  Some of the most commonly discussed factors for “for-profit” private sector internship programs are considered below.