Legal news reports that New York State has now become the fourth jurisdiction
to make it illegal for employers to “discriminate, harass, or retaliate
or otherwise engage in unlawful employment practices,” against unpaid
interns and those seeking jobs as unpaid interns.
If you are considering taking an internship or have questions about the
laws concerning unpaid internships, it is important to consult with an
Atlanta wage and hour lawyer right away.
In recent years both federal and state lawmakers have been cracking down
on the use of “unpaid” interns and have been making an effort
to educate both employers and workers concerning when an intern must be
paid. Generally – an intern must be paid unless they are working
for their own benefit (such as personal training) rather than for the
benefit of the employer. The U.S. Supreme Court, as codified by the Department
of Labor, set forth the following general rules. These include:
1. That the internship is similar to training that would be given in an
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
6. The employer and the intern understand that the intern is not entitled
to wages for the time spent in the internship.
A few jurisdictions are now following suit, making it illegal not to pay
interns. These include New York, Oregon, Washington, D.C., and NYC.
For more information or if you have questions about internships, please
contact the experienced
Atlanta wage and hour lawyers at The Buckley Law Firm, LLP for an immediate consultation.