Is more than a year period paid non-exempt internship legal in the state of NJ?
ID: 363152 • Letter: I
Question
Is more than a year period paid non-exempt internship legal in the state of NJ? This internship is a 24-32hour work week on "at-will contract" . This internship started December 15,2016 and will complete December 14,2017. If HR and the management extends this internship, will there be legal implications extending the internship instead of converting to employee?And second , should the intern cease work by the internship completion date? what is the legal implication to the intern if s(he) works more than the intended completion date? Is more than a year period paid non-exempt internship legal in the state of NJ? This internship is a 24-32hour work week on "at-will contract" . This internship started December 15,2016 and will complete December 14,2017. If HR and the management extends this internship, will there be legal implications extending the internship instead of converting to employee?
And second , should the intern cease work by the internship completion date? what is the legal implication to the intern if s(he) works more than the intended completion date? Is more than a year period paid non-exempt internship legal in the state of NJ? This internship is a 24-32hour work week on "at-will contract" . This internship started December 15,2016 and will complete December 14,2017. If HR and the management extends this internship, will there be legal implications extending the internship instead of converting to employee?
And second , should the intern cease work by the internship completion date? what is the legal implication to the intern if s(he) works more than the intended completion date? Is more than a year period paid non-exempt internship legal in the state of NJ? This internship is a 24-32hour work week on "at-will contract" . This internship started December 15,2016 and will complete December 14,2017. If HR and the management extends this internship, will there be legal implications extending the internship instead of converting to employee?
And second , should the intern cease work by the internship completion date? what is the legal implication to the intern if s(he) works more than the intended completion date?
Explanation / Answer
Internship is referred to as a process that provides a practical learning approach to facilitate students identify and recognize the actual job related circumstances and situations thus to help them develop the needed skills so that they can get themselves acquainted with the desired job functions as required by the organization.
For business internship provides them with an opportunity to provide the needed learning to students to make them aware of the existing business process, procedures and functions and also facilitates them to identify bright and intelligent prospective hires.
Employment related rules and regulations do not make use of the term intern nor do they provide a through comprehensive explanation of the term employee. For instance employees’ compensation laws characteristically describes employee as an individual who executes services for another for appreciated and respected consideration.
Title VII of the Civil Rights Act of the federal employment discrimination law describes a worker as a person who is engaged by a company. In circumstances concerning the concern of an employee’s status the court of law takes into consideration numerous other factors to conclude if the employee is in fact an employee or a self-governing free-lancer.
Courts to a great extent gives importance the magnitude to which the employing company regulates, govern and controls the manner in which employees accomplish their allotted job related tasks and responsibilities. Built on an analysis, examination and evaluation of these factors court decides the employment status of an individual.
If interns are recognized as workers under the regulation then company must ensure to pay payroll taxes on the interns’ earnings and also provide them the equivalent legitimate legal safeguards as other workers such as fair, equal and unbiased handling, right to take legal action for harassment and entitlement for employees’ compensation.
Interns cannot put out of place regular workers as they are not assured a job at the completion of the internship and they must indeed be aware of the fact that they are entitled for only internship stipend as prescribed by regulation and will not be entitled to any kind of company benefits and wages during their internship period.
Stipends are not considered as payment of wages for the purpose of determining whether a student is an employee. Similarly in circumstances where a company may ultimately hire the student does not make the intern an employee as long as the company does not assure the student an employment in the course of his internship.
Various court rulings while addressing the concern seem to recommend that as long as the internship is a prearranged portion of the syllabus which is an element of the school’s learning development and is precisely meant for the advantage of the student the fact that the company gets some assistance from the student’s services does not make the student an employee for determinations of remuneration and labor hour law.
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