When is a student considered an unpaid trainee or a volunteer, not an employee?
The FLSA applies to any person involved in an employer-employee relationship. The FLSA is administered by the U.S. Department of Labor, Wage and Hour Division, with respect to private employment, state and local government employment, and other agency employment. (29 CFR Section 204). The mere knowledge by an employer of work done for him/her by another is sufficient to create the employment relationship under the FLSA. The U.S. Department of Labor has always considered work performed as part of an evaluation or training program to be compensatable. Determining if a minor is an employee under the FLSA will depend on all of the circumstances surrounding the activities on the premises of the employer. A minor is not required to be paid if he/she is a trainee, a volunteer, or donates labor to a school (e.g., in-school placement). In the event that the minor is not an employee and is classified as an unpaid trainee or volunteer for educational or academic purposes, a “Permit to Employ and
Related Questions
- How many times may an employee volunteer for military duty covered under the CS Rules governing military leave? May these requests be denied?
- May a nonexempt employee volunteer to work unpaid hours in his/her regular job in addition to his/her regular schedule?
- May a Student employee earn compensatory time to cover the unpaid University Closure days?
