Fair Labor Standards Act: Protecting Your Rights as an Unpaid Intern

Internships are a great way to gain experience in the career that you'd like to enter after graduation. And since many colleges and universities require students to complete internships in order to receive required credit hours, they also can be unavoidable.

But whether you are a paid or unpaid intern, the Houston fair wage lawyers at Kennedy Hodges want you to be aware of important guidelines outlined by the Fair Labor Standards Act, or FLSA.

In order for a company to hire an intern, there are certain rules that must be followed. Violating these rules could not only affect the intern's ability to gain experience in a certain field, but also could mean missing out on potential compensation.

Some companies hire interns to do the same work that a regular employee would normally be paid to do. In such a situation, the company essentially charges the customer for the service, but saves money on the payroll.

For example, let's say that a nail salon hires an unpaid intern. The company instructs the intern to service the clients, but does not share the money that the customer pays. In this instance, the student intern is doing the job of a normal, paid employee.

To discover if you are entitled to compensation as a Houston intern or if the tasks you perform should be considered part of your training, read the following FLSA checklist:

1. The internship has to be similar to the training that you would receive in an educational environment, like in class at your college or university.

2. You work under the close supervision of an existing staff member.

3. All of the experience you gain should be benefiting you, not the employer.

4. The job you perform as an intern does not replace that of a regular, paid employee.

5. Both you and the employer understand that you may not be entitled to actual wages during the course of your internship.

6. Both you and the employer understand that just because you are an intern does not guarantee you a permanent position with the company after your internship is over.

7. The employer does not receive any immediate benefit from having you as an employee; in fact, it is likely that the business is actually burdened to have you there because of all of the training it must provide.

If your internship meets all of the guidelines above, then you are not entitled to compensation, unless the employer extends an offer of pay. But if you feel that your internship requires you to perform tasks that do not fit under these guidelines, it is imperative that you contact an experienced Houston, Texas wage attorney immediately. The attorneys at Kennedy Hodges, LLP can help you figure out if you should be compensated based on the work that you do. Contact us for your free consultation at 888.449.2068 today.