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Unpaid Intern Overtime Pay Lawsuits – Internship Overtime Pay

Unpaid Intern Overtime LawsuitsWASHINGTON D.C — Interns are used by companies and employers in a wide range of industries.  Many times, these are unpaid internships created to provide work experience for the intern.  Often, these internships lead to full time employment with the company.

Although unpaid internships seem widely accepted, they often violate the federal overtime pay laws. There are some circumstances when a person can participate in an internship or training program without compensation, but many times overtime wages are mandatory.

To determine whether an intern is entitled to overtime pay, there must be an analysis done to see if the pay is required.  The following six criteria must be applied to determine if an intern is entitled to overtime wages:

  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 all of these criteria are met, then the federal minimum wage and overtime provisions do not apply to the intern.  However, overtime pay may be required even if only one of the conditions is not met.  The criteria are also subject to interpretation based upon the individual job type and duties.  Therefore, interns should speak to an experienced overtime pay lawyer to determine if they should have received overtime pay.

Contact Our Unpaid Intern Overtime Lawyers

If you or someone you know is a current or former unpaid intern doing the work of a paid employee, you may have a wage claim. You may even be eligible to join this collective action. Call our experienced team of overtime pay lawyers today at (855) 754-2795 to discuss your situation and rights. Or 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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