The Fair Labor Standards Act (FLSA) broadly defines the term “employ” which includes “to suffer or permit to work.” An organization’s interns may need to be paid for their time under the FLSA’s definition.
The points outlined here can assist employers in determining whether or not an unpaid intern should be classified as a paid, non-exempt employee.
George Emerling, Vice President, The Emerling Agency
Lisa Carpenter, Director of Human Resources at Olean Wholesale Grocery Coop
Kevin Casey, Chief Operating Officer at Mead Square Pharmacy