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aren't these damn internships illegal?

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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-05-11 10:12 AM
Original message
aren't these damn internships illegal?
back in the day internships were conducted by colleges as part of the curriculum, you got college credit, and you also always, afaik, got a stipend.
i was just looking at the job openings at the art institute of chicago. they had one for a graphic design "intern". no mention of education, and they were asking for the skills of a well qualified graphic designer. it was a 3 month internship, with ZERO pay. at least 15% of the listings were for interns.

the same thing happens in political jobs. there is no sense me looking for such a job. they are all taken up by recent poli sci grads working for a few pennies.
i knew someone who was starting a retail business and just assumed she could use "interns" to do cold call sales.

how can this be legal?
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IamK Donating Member (514 posts) Send PM | Profile | Ignore Mon Sep-05-11 10:19 AM
Response to Original message
1. it is legal if the internship meets the following criteria..
Edited on Mon Sep-05-11 10:21 AM by IamK
http://wdr.doleta.gov/directives/attach/TEGL/TEGL12-09acc.pdf

1. 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;

2. The training is for the benefit of the trainees;

3. The trainees do not displace regular employees, but work under their close
observation;

4. 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;

5. The trainees are not necessarily entitled to a job at the conclusion of the training
period; and

6. The employer and the trainees understand that the trainees are not entitled to
wages for the time spent in training.

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. Because the FLSA’s definition of “employee” is
broad, the excluded category of “trainee” is necessarily quite narrow. Moreover, the fact
that an employer labels a worker as a trainee and the worker’s activities as training and/or
a state unemployment compensation program develops what it calls a training program
and describes the unemployed workers who participate as trainees does not make the
worker a trainee for purposes of the FLSA unless the six factors are met. Some of the six
factors are discussed in more detail below.
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peacebird Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-05-11 10:21 AM
Response to Original message
2. normally you are on a 3 month trial period at a new company, but you get paid.
these "internships" sound like greedy SOB's taking advantage of folks desperate for the chance at getting a job.

btw - I am employed, but working over 60 hours a week for a 40 hour salary and have been looking - there is NOTHING out here in virginia. I saw a quality assurance MANAGER job (expecting over 10 years experience) for $38k? Really?

good luck mopinko!
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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-05-11 10:38 AM
Response to Reply #2
4. i was looking out of curiosity, mostly
the school of aic is my alma mater. sort of.
i am looking for freelance, really. but it would be a great thing to put on my sadly sparse resume. thing is it is campaign season, tho, and i have a freelance thing now that will pretty undoubtedly lead to more work.

i do qualify, tho, and am tempted to apply to see what happens. rubs me the wrong way, tho, and i suspect i would act accordingly.
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SoutherDem Donating Member (317 posts) Send PM | Profile | Ignore Mon Sep-05-11 10:37 AM
Response to Original message
3. My internship
Back when I did an internship I was paid, in fact although it was not promised by the college, most were paid, the only ones which were not were students with low GPA's (barely passed). I spoke to a person who handles internships at the college and I was told very few were now paid, and had to be careful business were not replacing paid workers.
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Rabblevox Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-05-11 11:35 AM
Response to Original message
5. I had a WONDERFUL unpaid internship back in the 80's, but that was then...
My internship was with a theater company. Although I had experience with lighting/sound/stagehand work via a few bands I had worked with, there was no way I could compete with pros for a paid position. I spent 6 months doing grunt work for no money, but the director, stage manager, and lighting designer were incredibly generous with their time and knowledge, and when a paid position came open, it was offered to me. It led to an absolutely amazing few years.

But like I said, that was then. :(
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