The Career Development Center at Fairleigh Dickinson University provides an on-line job posting system free of charge to employers and to Fairleigh Dickinson students and alumni seeking employment opportunities. This service is provided to the University by the College Central Network and the information will reside on College Central Network System.
All hiring and compensation for work performed by student and/or alumni employees are handled directly between them. The Career Development Center does not perform background checks on students and/or alumni applying for jobs, nor on employers posting job opportunities. Employers and students/alumni are encouraged to request reference information from each other as needed to establish qualifications/credentials and determine the overall fit between the employer and the applicant.
All job listings are posted at the discretion of the Career Development Center, and it reserves the right to edit or refuse job announcements for any reason.
The Career Development Center provides a referral service and makes no particular recommendations regarding employers or applicants. The goal is to provide accurate posting information. The Career Development Center makes no representations or guarantees about positions posted by this office. Career Development is not responsible for safety, wages, working conditions, or any other aspect of off-campus employment.
Use of this job posting web site is entirely at the risk of the users and the University expressly disclaims any and all liability with regards to usage of this site. In addition, the Career Development Center is not responsible for the content made available through the web links to other web sites. The opinions and views associated with the web sites are not necessarily those of the Career Development Center.
Employers, students and alumni are encouraged to provide feedback to the Career Development Center regarding their employment experience through use of this service. For additional information, contact Career Development:
College at Florham – 973-443-8945
The Metropolitan Campus – 201-692-2193
Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act
This fact sheet provides general information to help determine whether interns must be paid the minimum wage and overtime under the Fair Labor Standards Act for the services that they provide to “for-profit” private sector employers.
The Fair Labor Standards Act (FLSA) defines the term “employ” very broadly as including to “suffer or permit to work.” Covered and non-exempt individuals who are “suffered or permitted” to work must be compensated under the law for the services they perform for an employer. Internships in the “for-profit” private sector will most often be viewed as employment, unless the test described below relating to trainees is met. Interns in the “for-profit” private sector who qualify as employees rather than trainees typically must be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek.?
The Test For Unpaid Interns
There are some circumstances under which individuals who participate in “for-profit” private sector internships or training programs may do so without compensation. The Supreme Court has held that the term "suffer or permit to work" cannot be interpreted so as to make a person whose work serves only his or her own interest an employee of another who provides aid or instruction. This may apply to interns who receive training for their own educational benefit if the training meets certain criteria. The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances of each such program.
The following six criteria must be applied when making this determination:
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 for the benefit of the intern;
3. The intern does not displace regular employees, but 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.
If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad.
Some of the most commonly discussed factors for “for-profit” private sector internship programs are considered below.
Similar To An Education Environment And The Primary Beneficiary Of The Activity
In general, the more an internship program is structured around a classroom or academic experience as opposed to the employer’s actual operations, the more likely the internship will be viewed as an extension of the individual’s educational experience (this often occurs where a college or university exercises oversight over the internship program and provides educational credit). The more the internship provides the individual with skills that can be used in multiple employment settings, as opposed to skills particular to one employer’s operation, the more likely the intern would be viewed as receiving training. Under these circumstances the intern does not perform the routine work of the business on a regular and recurring basis, and the business is not dependent upon the work of the intern. On the other hand, if the interns are engaged in the operations of the employer or are performing productive work (for example, filing, performing other clerical work, or assisting customers), then the fact that they may be receiving some benefits in the form of a new skill or improved work habits will not exclude them from the FLSA’s minimum wage and overtime requirements because the employer benefits from the interns’ work.
Displacement And Supervision Issues
If an employer uses interns as substitutes for regular workers or to augment its existing workforce during specific time periods, these interns should be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek. If the employer would have hired additional employees or required existing staff to work additional hours had the interns not performed the work, then the interns will be viewed as employees and entitled compensation under the FLSA. Conversely, if the employer is providing job shadowing opportunities that allow an intern to learn certain functions under the close and constant supervision of regular employees, but the intern performs no or minimal work, the activity is more likely to be viewed as a bona fide education experience. On the other hand, if the intern receives the same level of supervision as the employer’s regular workforce, this would suggest an employment relationship, rather than training.
The internship should be of a fixed duration, established prior to the outset of the internship. Further, unpaid internships generally should not be used by the employer as a trial period for individuals seeking employment at the conclusion of the internship period. If an intern is placed with the employer for a trial period with the expectation that he or she will then be hired on a permanent basis, that individual generally would be considered an employee under the FLSA.
Where to Obtain Additional Information
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.
For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210
TTY: 1-866-487-9243Contact Us
*The FLSA makes a special exception under certain circumstances for individuals who volunteer to perform services for a state or local government agency and for individuals who volunteer for humanitarian purposes for private non-profit food banks. WHD also recognizes an exception for individuals who volunteer their time, freely and without anticipation of compensation for religious, charitable, civic, or humanitarian purposes to non-profit organizations. Unpaid internships in the public sector and for non-profit charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible. WHD is reviewing the need for additional guidance on internships in the public and non-profit sectors
About Our Services
Our online Employer Services are available 24 hours a day, seven days a week.
You must register your organization with our office prior to accessing these services. Once your registration is reviewed, if it is approved you will receive an email which includes your Access ID and Password and defines your Access Level.
If approved, depending on your access level, you will be able to use some or all of the services listed below:
- Job Posting
Post jobs targeted to Fairleigh Dickinson University students, alumni.
- Résumé Search
Search résumés of our students, alumni.
- Portfolio Search
Search career portfolios that have been prepared by our students, alumni.
- SERVICES FOR EMPLOYERS
- Career Development is committed to developing mutually beneficial employer-university relationships.
- Online Recruiting
- Career Development provides employers with a cost-free, job search Website. Recruiters can register online and post jobs (password protected) from their offices. This service is fast, efficient and user friendly.
- On-campus Recruiting
- Throughout the year, business, industry, government and service organizations recruit at Fairleigh Dickinson University's three campuses.
- Information Sessions
- Career Development coordinates information sessions before recruitment interviews. Using a question and answer format, these sessions allow organizations to make presentations to prospective candiates about their opportunities and benefits.
- Career Fairs
- Throughout the academic year, Career Development sponsors Career Fairs that provide the opportunity to recruit for internships, full-time and part-time posiitons, volunteer and summer employment. Employers are provided with ample space for display and handout materials.
- Internship Opportunities
- Internship Opportunities enable students to gain preprofessional experience in their chosen fields. Career Development works closely with employers to identify interested students. The University enrolls more than 500 students in internships a year.
- For more information or assistance, contact Career Development: Visit Career Development soon to learn more about how you can get a jump on your career.