Summer Internship Program - Overtime pay required for an intern?

Summer Internship Program – Is overtime pay required for an intern?

Unpaid Intern Overtime LawsuitsWASHINGTON D.C –Summer internship programs are widely used by different industries to bring talented students and workers to the company.  These summer internships provide valuable experience and access to a company that is often not available to a student or recent graduate.  Many times, they will lead to a permanent position after the completion of the program.

Overtime pay may be required under the Fair Labor Standards Act (FLSA) to individuals participating in a summer internship program.  Companies cannot simply work interns as many hours a day or week as they want because they are in an internship program.  In fact, several unpaid intern overtime lawsuits that have resulted in substantial settlements.

There are six criteria that must be applied to determine if an intern is must be paid overtime pay:

  1. 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;
  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 the internship; and
  6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If just one or two of these criteria is not met, the intern may be entitled to overtime wages.  The criteria are subject to analysis based upon the individual job type and duties.  For this reason,  you should speak to an experienced overtime pay lawyer to determine if you should have been paid overtime for your summer internship program..

Call our experienced team of overtime pay lawyers today at (855) 754-2795 to discuss your rights. You can also complete the Free Unpaid Overtime Case Review form on the top right of this page and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.

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