Hiring interns is an excellent way for employers to provide students with hands-on work experience and potentially recruit students for full-time, post-graduation positions. When strategically designed, an internship also provides the employer with a unique opportunity for an intern to focus on a major project the employer needs finalized, offering significant contributions to the employer and practical work experience for the intern.
While the potential benefits to hiring interns are tremendous, employers and interns alike should consider the following before the start of any internship:
- the duration of the internship;
- the hours the intern is expected to work;
- whether the internship is paid;
- whether academic credit is available for the internship; and,
- the interns’ duties and how they align with the intern’s studies.
These considerations help the employer and intern understand the parameters of the internship and its benefits. To that effect, the employer should strongly consider conducting an orientation to discuss these considerations and provide the intern with the company’s employee handbook and policies.
Internship Hours. Whether the employer offers paid or unpaid internships, the employer should limit the intern’s hours to a maximum of forty (40) hours a week to avoid overtime liability.
Length of Internship. The employer should establish the length of the internship at the outset. Where possible, the internship’s start and end date should be set and communicated to the intern before the internship begins.
Compensation. Under federal and Florida state law, employers are not required to compensate unpaid interns for their hours worked. However, the employer should document and communicate in writing that the internship is unpaid before the internship begins. The employer should also be mindful of the educational value of any hands-on work. An employer may be required to compensate an intern if the intern’s work does not provide significant educational benefits or is merely secretarial. For example, the law may require a business to pay an intern if they spend most of their internship making copies, running errands, or entering information into a computer database.
If an employer decides to compensate an intern, the employer must pay the intern at least minimum wage and overtime wages for any hours the intern worked over forty (40) hours per week.
Academic Credit. If academic credit is expected for the internship, the intern and the employer should coordinate with the intern’s school to ensure the intern receives appropriate credit. For some experiential learning course credits, the employer may have to certify to the intern’s school that only a small fraction of the work performed is ministerial like answering phones, making copies, and other administrative-like assignments.
Working Conditions. Employers should inform the intern whether the intern will be working primarily in an office or outside. Additionally, employers must notify the intern of any necessary physical abilities/requirements for the position.
Interns’ Duties. At the outset, employers and interns should come together to align the intern’s duties with the intern’s career goals. For unpaid internships, employers must remember that the internship’s primary beneficiary is the intern. Employers should be mindful of this tenet to avoid running afoul of any wage laws.
Feedback. One of the most invaluable aspects of an internship is the opportunity for the intern to receive both positive and constructive feedback. Employers should consider providing feedback that both highlights the intern’s achievements and strengths and identifies areas for improvement. This feedback makes interns feel supported and encouraged in their professional growth, while also helping the employer demonstrate the educational and professional value of the internship.
Non-Disclosure Agreements. Lastly, employers should consider requiring interns to sign a non-disclosure agreement before the start of the internship to protect the company’s confidential and sensitive information.
The value of internships to both the employer and the intern cannot be overstated. For most students, an internship is the first opportunity to immerse themselves in a field they have spent countless hours studying. For employers, internships create a pipeline of intelligent, capable students who will apply for full-time openings after graduation. These goals are best met when the criteria discussed above are clear and in writing.
Alex Cumming is an attorney with Allen Norton & Blue in Orlando, a statewide firm devoted exclusively to the practice of management-side labor and employment.
