Internships: Avoid being taken advantage of when working for free

Internships have received some bad press in recent years. Lawsuits brought against Hearst Corporation, Fox Searchlight and other companies have highlighted bad practices in some internships programs: menial tasks that offer no educational value for the student, long hours without lawful lunch breaks, and of course, no monetary compensation when essential tasks are being performed. What’s worse, it’s become almost the norm for students to have five or six internships on their resumes before some companies will even consider them for employment. Despite these problems, internships are advantageous for college students and should be incorporated into your schedule during college.

The United States Department of Labor (DOL) has a six-point test to address the issues that have brought the practice under scrutiny, and to determine the legality of unpaid internships. When an internship program does not meet all six of these criteria, the position should be considered with some skepticism as recent court rulings have left some wiggle room for employers.

“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 (Fair Labor Standards Act), and the Act’s minimum wage and overtime provisions do not apply to the intern.”

Now that the litigation, legal definition and some bad actors on the scene have been exposed, internship programs are something that every student should be looking at as they progress through the latter years of their education. Professional internships are an excellent way to make your resume stand out from the crowd.

Some industries rely heavily on internships as a pipeline for entry-level talent. Communications, journalism, fashion and publishing are industries that are well known for having to pay your dues as an intern before landing a job. Even if your degree plan doesn’t require an internship, you should consider doing one. A good internship is well worth the time and effort, whether or not you get a paycheck or a job offer.

Experience working in the environment you’ve chosen in order to gain a real perspective of the typical day, making invaluable contacts in the field, maybe even producing some work you can showcase in your portfolio for future employment are essential factors in securing that coveted entry-level position.
An internship will be as beneficial as you make it. And if you’re not getting paid, make sure you squeeze every resume bullet-worthy task out of the day as you can. If you’re in a creative field, create something that the company uses that you can point to when showcasing your talent.

Maybe the single-most important thing you can do during an internship is network. Network like your job depends on it — because your future one does. Ask any mid-to-late career professional how they climbed the ladder of success, and most will mention a key person who gave them a chance early in their career.

When receiving college credit for an internship, don’t expect a salary; compensation for students doing an internship is, often, college hours with no extra income. When looking at internships as a recent graduate and/or when no college hours are received — and if the position meets the six criteria of the Department of Labor, a salary still isn’t required — one should weigh carefully the pros and cons of taking a position where there is no monetary compensation.

Most importantly, don’t get caught in the “internship loop,” as some have coined the cycle of toiling away at one internship after another as way to break into an industry. Employment options may be scarce in the current economy, but if you don’t value the education you’ve received and the experience you’ve already gained in the first one or two internships you’ve done, an employer may not either.

Protect yourself and your time by pursuing exciting internship opportunities while still in school. Don’t be afraid to speak up if one week into your dream internship you’re making coffee, picking up dry cleaning or performing other tasks that don’t offer any educational value. Your supervisors at these sites are there to mentor and guide you; think of them as university professors there to teach, just on the job. They should take time out of their day to instruct you on how to contribute to the project at hand, and to provide constructive criticism — which you should welcome.

In fact, according to the DOL criteria, an intern should be receiving instruction and feedback to the point that, “on occasion its operations may actually be impeded,” as stated in criteria number four. Further, criteria number two says that, “The internship experience is for the benefit of the intern.” Federal regulations make it clear that any internship that falls short of these criteria are not worth the time of the student, or recent grad.

With lawsuits pending and bad press for the companies dragged into court, a student can walk into an internship armed with the knowledge that the company has an obligation to make the experience an educational one — and not an avenue of free labor.

 

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