There's been a lot of chatter recently about internships, especially the unpaid variety. Check out the articles in the New York Times, "The Unpaid Intern, Legal or Not" (Steven Greenhouse, 4/2/2010) and Time Magazine, "Working for Free: The Boom in Adult Interns," Eve Tahmincioglu, 4/12/2010). Even the Wall Street Journal published an Opinion piece, "War on Interns" (pg. A14, 4/7/2010), declaring the laws governing unpaid internships as out-dated, and considering the current economic climate, decrying the campaign to crack down on them as ill-advised and ill-timed.
What does this all mean?
The issue goes back to 1938, when the Fair Labor Standards Act was passed. The FLSA, which provides assurances that employers must pay their workers, defines the circumstances when it is legitimate for an individual to be in the workplace and not be paid. If the six criteria are met, then the individual is considered a trainee who is in the workplace for the sole purpose of learning a skill and, therefore, does not need to be paid. If even one of the six criterion is not met, then the individual is considered an employee by the U.S. Department of Labor, and wages must be paid.
[Six criteria as defined by the Fair Labor Standards Act, page 8 of the "TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 12-09," issued January 29, 2010 by the US Department of Labor's Employment and Training Administration.]
So, what about internships?
First off, employers who offer paid internship have nothing to worry about. But, what about unpaid internships? Though the criteria are explicit, the nuances are not. For instance, what about an unpaid internship done in exchange for college credit or where a portfolio of work is created? There is no doubt that volunteering is a great way to gain/demonstrate experience, but what's the difference between volunteering for a corporation versus contributing talent to a non-profit organization? Is there consideration of the quality of the opportunity: does a well-structured experience where student learns, supplements what has been learned in college, and gains real-world experience have more merit than one where a student performs only rudimentary, menial tasks?
Internships are important.
As a part of our workforce development initiative, Attract & Retain Talent, the Columbus Chamber seeks to increase the number of internships for college students and increase the number of employers providing internships. We do that through the web portal, www.ColumbusInternships.com, which helps connect local employers (just like you!) to college students seeking internships. We also promote the importance of internships, and the value that both students and employers can gain from internships. So that employers can create the very best internship opportunities for students, we offer self-service tools and resources at www.ColumbusInternships.com and advice on best practices via in-person workshops and webinars.
Of course, when we talk to employers about internships, we always encourage them to offer wages to their interns. This is a best practice and avoids complications with FLSA. However, the reality is there are circumstances--and industries--where internships will be unpaid. In that case, in addition to working with the academic institution to arrange for college credit, employers should leverage the tools and resources offered by the Columbus Chamber to ensure the internships they offer are the highest quality.
There's help for you to provide great internships
Our resident internship guru, Dave Cofer, is presenting a series of workshops and webinars to help employers get started with internships and host the most effective internships. The schedule for the rest of the year is outlined below. Visit the Columbus Chamber's events page for more information or to register. The next workshop, Getting Started With Interns, is May 11, from 8:30 - 10am, at the Columbus Chamber.
The sessions are free for Chamber members; $25 for non-members.
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