Per federal law, for an internship to be exempt from the Department of Labor and Fair Labor Standard Act minimum wage and overtime rules, i.e. to be considered an unpaid intern, all six of the following criteria must be met:
- The internship is similar to training which would be given in an educational environment;
- The internship experience is for the benefit of the intern;
- The intern does not displace regular employees, but works under close supervision of existing staff;
- The agency that provides the training derives no immediate advantage from the activities of the intern; and on occasion the agency’s operations may actually be impeded;
- The intern is not necessarily entitled to a job at the conclusion of the internship; and
- The agency and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If the assignment you are considering does not meet all of these criteria, it is a paid internship and one of the types of extra-help employees defined in Civil Service Rule 1, “EXTRA-HELP EMPLOYEE”.
Internship positions are designed to contribute work experience towards the student’s specific area of academic study. The work experience should benefit and enhancement the student’s education and career goals.
Interns must be hired at one of three levels which are determined by the intern’s current enrollment in high school, vocational school, college, or graduate school. Interns are not required to register for coursework over the summer; however, in order to continue the internship, they must show proof of registration from the prior semester, and paperwork related to their registration for the upcoming semester. Internship levels are as follows:
- High School
- Work Experience
Determining which level the intern is going to be hired at should correspond with the intern’s current educational level. Internship pay rates are located at Job Description & Salary Information.
Requesting Human Resources Approval
- Using the Intern Job Description and Job Demands Analysis (JDA) templates, work with your internal Safety Coordinator to create a job description and JDA for the internship.
- Send the Intern Job Description and JDA to your Human Resources Recruitment & Classification (R&C) Analyst and the HR Program Analyst for their approval.
- Once approved, enter a Hiring Requisition into NeoGov.
- If the department has selected an intern, have the intern fill out the application and send it to your R&C Analyst, copying the HR Program Analyst.
- (HR will enter the application into NeoGov)
- If HR will recruit for an intern on the HR website: HR will work with the department to create a job announcement. Applications will be collected by HR during the recruitment filing period.
- HR will certify the intern to the department through NeoGov.
- The department will enter the intern into the payroll system.
- The department will create an employment file for the intern, including the Intern Contract, and send a copy of the Contract to the HR Program Analyst.
- Send a copy of the intern's time sheet to the HR Program Analyst monthly and keep a copy for your records.
Contact your department’s R&C Analyst regarding any questions related to Internships.