McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500

What Is the Criteria for an Unpaid Internship?

  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 intended to benefit the intern;
  3. The intern does not displace regular employees and 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.

Related FAQs

  • Can I be disciplined or terminated if I refuse to be available while on vacation?

    You need to review your company’s policies and procedures for taking vacation days. If you believe you are being singled out or treated unfairly compared to other employees who take vacation days, your employer may be in breach of contract or in violation of federal or state law.

  • Can my employer call me during vacation or ask me to do work while I’m on vacation?

    If you are an hourly, non-exempt employee and your employer contacts you during vacation, your employer will likely be required to pay you for the time you spend working. An hourly, non-exempt employee is someone who is paid an hourly wage and is entitled to minimum wage and overtime for working over 40 hours per week.

  • What if my employer refuses to approve my vacation days or has rescinded them?

    First, check your employee handbook, employment contract, or CBA to understand your employer’s procedures and policies for receiving vacation time. If your employer offers vacation days and is in violation of its policy, you may want to talk to your human relations department or a private attorney because they may be in breach of contract. Likewise, if your employer has rescinded your pre-approved vacation days, and you feel they are discriminating or retaliating against you, they may be in violation of state or federal law.

  • Am I entitled to vacation days?

    No. If you work for a private employer, New Jersey does not require them to provide paid or unpaid vacation days. Most vacation days are provided for in employment agreements, collective bargaining agreements (CBA) or as a policy in employee handbooks. According to the New Jersey Department of Labor (NJDOL), if an employer chooses to offer vacation days, they must be administered “uniformly” in accordance with their established policy or employment agreement.

  • What Are the Federal Guidelines for Overtime Hours and Pay?

    According to the FLSA, employers are not limited in the number of hours they may require employees to work. However, it does require employers to pay employees time and a half for any hours of overtime worked in a week. Another common misconception is that employees who work over eight hours in a day must receive overtime compensation. This is not so; the FLSA only requires that employees be paid overtime for any hours worked in excess of 40 in a week.

  • What Are the White Collar Overtime Exemptions from the Fair Labor Standards Act?

    There are three types of white collar FLSA exemptions: executive, administrative, or professional.

    A worker in one of these categories must satisfy both salary and duty requirements to be exempt from the FLSA overtime rules. Titles, such as manager, or salary do not make an employee automatically exempt. The employee must be paid on a salary basis at a minimum of $455 per week. Any employee paid on an hourly basis or commission only system does not satisfy the salary requirement for white collar exemptions.

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  • What Are the Federal Guidelines for Rest Breaks?

    If New Jersey employers choose to give employees rest or meal periods, they must follow federal law. Federal law states that short breaks, usually between five and 20 minutes, are common and promote employee efficiency. Such short breaks are considered compensable work time that should be included in the total number of hours worked during the week. However, these breaks must actually be taken and may not be offset against other working time. They may also not be extended beyond the amount of time prescribed by the employer.

  • What Is a Tip?

    A tip is any money a customer voluntarily pays beyond the amount charged for products or services plus tax. Some employers, such as restaurants, add a mandatory service charge to bills for large parties or catered events. This designated service charge allows employers to keep the extra amount paid even if the customer thinks that by paying it, he or she is leaving a tip for an employee.

  • Can My Employer Force Me To Volunteer?

    No. An employer cannot require you to volunteer and work unpaid hours unless it falls under your job description. If the volunteering is presented with the threat of adverse employment action if you do not comply, then you may have a claim for unpaid wages.

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  • Can New Jersey Employers Take Tip Credits?

    New Jersey allows employers to take tip credits, therefore employers may pay less than minimum wage as long as employees’ tips make up the difference. If the employer’s pay and the employee’s tips together do not equal minimum wage, the employer must pay the employee the amount necessary to equal at least minimum wage for each hour worked.

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