The first part to answering this question is determining whether the intern is legally required to be paid for the work they do at the firm. Unpaid internships are legal as long as they meet a set of criteria. The following is a list of six factors that can determine if the intern has the right to be paid for their services.
- 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;
- The internship experience is for the benefit of the intern;
- The intern does not displace regular employees, but works under close supervision of existing staff;
- 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;
- The intern is not necessarily entitled to a job at the conclusion of the internship; and
- The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If all of these criteria are met, the intern is not required to be paid for their work. However, it is important to speak with a lawyer if you believe that the work you have done does not fall under all of these circumstances. An experienced overtime pay attorney can analyze your situation and determine if you are eligible to receive payment for your work.
Contact Our Unpaid Intern Overtime Attorneys
If you or someone you care about is a current or former unpaid intern doing the work of a paid employee, you may be eligible to file a lawsuit to recover back pay. Depending on your situation, an individual lawsuit or class action lawsuit may be in your best interest. Call our experienced team of overtime attorneys today at (855) 754-2795 and discuss your situation with us. You can also complete the Free Unpaid Overtime Case Review on this page and a lawyer will be in contact with you shortly. If we believe you have a case, we will represent you under our No Fee Promise, which means you will pay nothing unless we are able to recover a settlement for you. There is nothing to lose so call us today!