On the other hand, if the analysis confirms that the intern or student is not an employee, then he or she is not entitled to either minimum wage or overtime pay under the FLSA. If analysis of these circumstances reveals that an intern or student is actually an employee, then he or she is entitled to both minimum wage and overtime pay under the FLSA. Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.Ĭourts have described the “primary beneficiary test” as a flexible test, and no single factor is determinative.The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.Any promise of compensation, express or implied, suggests that the intern is an employee-and vice versa. The extent to which the intern and the employer clearly understand that there is no expectation of compensation.Courts have identified the following seven factors as part of the test: 2 In short, this test allows courts to examine the “economic reality” of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship. Interns and students, however, may not be “employees” under the FLSA-in which case the FLSA does not require compensation for their work.Ĭourts have used the “primary beneficiary test” to determine whether an intern or student is, in fact, an employee under the FLSA. The FLSA requires “for-profit” employers to pay employees for their work. Once you’re there, Dan has written about the easiest travel between JFK and Manhattan, where there’s never a shortage of activities.This fact sheet provides general information to help determine whether interns and students working for “for-profit” employers are entitled to minimum wages and overtime pay under the Fair Labor Standards Act (FLSA). But there are never guarantees, so when you know you’re going you should book the trip. Given the number of dates with discounted pricing, this fare may stay around for awhile. With a little flexibility you should have no trouble finding times that fit your schedule. While not available on every date, this price is bookable on 130+ days between March and October. And it’s available at a domestic price too: right now JetBlue has wide-open Mint seating on direct flights between Seattle and New York’s JFK for under $800 round trip in either direction. Lie-flat seats that are 22″ wide, private suites with closing doors in every other row, customizable meals, amenity kits it’s a long-haul international experience available domestically. JetBlue’s Mint product is considered by many to be the best experience in the sky for cross-country USA trips.
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