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Schools and ECE programs like Head Start also provide critical services that help to mitigate health disparities, such as school lunch programs, and social, physical, behavioral, and mental health services. Schools and early care and education (ECE) programs are an important part of the infrastructure of communities as they provide safe, supportive learning environments for students and children and enable parents and caregivers to be at work. Considerations for Prioritizing Strategies.COVID-19 Community Levels and Associated Prevention Strategies.Laurelbrook Sanitarium & Sch., Inc., 642 F.3d 518, 529 (6th Cir. Unpaid internships for public sector and non-profit charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible.Ģ - E.g., Benjamin v. 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. in your time zone, 1-866-4USWAGE (1-86).ġ - The FLSA exempts certain people who volunteer to perform services for a state or local government agency or who volunteer for humanitarian purposes for non-profit food banks. For additional information, visit our Wage and Hour Division Website: and/or call our toll-free information and helpline, available 8 a.m. This publication is for general information and is not a regulation. On the other hand, if the analysis confirms that the intern or student is not an employee, then he or she is not entitled to either minimum wage or overtime pay under the FLSA. If analysis of these circumstances reveals that an intern or student is actually an employee, then he or she is entitled to both minimum wage and overtime pay under the FLSA. Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.Ĭourts have described the “primary beneficiary test” as a flexible test, and no single factor is determinative.The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.

The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.

The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.

Any promise of compensation, express or implied, suggests that the intern is an employee-and vice versa.

The extent to which the intern and the employer clearly understand that there is no expectation of compensation.

Courts have identified the following seven factors as part of the test: 2 In short, this test allows courts to examine the “economic reality” of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship. Interns and students, however, may not be “employees” under the FLSA-in which case the FLSA does not require compensation for their work.Ĭourts have used the “primary beneficiary test” to determine whether an intern or student is, in fact, an employee under the FLSA.

The FLSA requires “for-profit” employers to pay employees for their work. This fact sheet provides general information to help determine whether interns and students working for “for-profit” employers are entitled to minimum wages and overtime pay under the Fair Labor Standards Act (FLSA).