Intern Rights by (popular) States

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While there are certain federal laws that dictate what rights “for profit” companies must offer employees, some states offer additional rights. Click on your state below to find out what rights you are entitled to.

  1. New York
  2. California
  3. Massachusetts
  4. Maryland
  5. District of Columbia

1. New York

  1. When can an internship be unpaid? 

The New York Department of Labor established an eleven-factor test, similar to that of the Fair Labor and Standards Act’s “primary beneficiary test,” to determine if an internship can be unpaid. All factors must be met to satisfy the test. New York’s eleven-factor test is as follows: 

  1. As an intern, am I protected from harassment and discrimination? 

Yes. Under New York law, an intern is someone who performs work for an employer for the purpose of training under the following circumstances: 

If your internship satisfies all of these requirements, then you are protected with regard to the following areas: 

  1. As an intern, am I protected from sexual harassment? 

     Yes. Under the New York State Human Rights Law, interns are protected when an employer engages in unwelcome sexual advances, requests for sexual favors, or other physical or verbal conduct of a sexual nature when: 

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2. California

  1. Is an intern the same as a trainee? 

The term ‘intern’ has generally been used by employers to include anyone who is working in an unpaid or low-paid position, and is a student at the time he or she is working. However, the term ‘intern’ traditionally refers to someone who has completed medical school and is engaged in an additional year of supervised training for their respective medical profession. Under California law, intern-like workers who are unpaid or are paid less than minimum wage are referred to as ‘trainees.’ Trainees can be in any field and may be exempt from federal overtime and minimum wage requirements. 

  1. When can a trainee position be unpaid? 

The California Division of Labor Standards and Enforcement (DLSE) established a six-factor test, similar to that of the Fair Labor and Standards Act’s “primary beneficiary test,” to determine if an internship can be unpaid. All factors must be met to satisfy the test. California’s six-factor test is as follows: 

  1. Must a trainee receive academic credit for the position to be considered a valid unpaid internship? 

No. However, an internship that provides academic credit can help to establish that the training provided at the internship is similar to that which would be given in a vocational school, and that the training is for the benefit of the trainee. 

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3. Massachusetts

  1. When must an intern be paid? 

Under Massachusetts law, an intern who is not receiving academic credit must be paid at least minimum wage, unless the intern is a trainee under state law. 

  1. When is an intern considered a trainee? 

An intern is considered a trainee who may be excluded from minimum wage laws when the training: 

The Massachusetts Department of Labor Standards determines if an intern is actually an unpaid volunteer based on the following criteria: 

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4. Maryland

  1. Who is considered to be an intern?

An employee is considered an intern when:

  1. As an intern, am I protected form harassment and discrimination?

Yes. Under Maryland law, your employer cannot discriminate against you with respect to the terms, conditions, or privileges of your internship, like hiring and firing, on the basis of:

Additionally, your employer is required to offer you reasonable accommodations if you have a disability. Finally, the law prevents your employer from retaliating against you for pursuing your rights under the law.

However, as an intern, you are not included under the definition of employee in the Maryland Employment Practices Act (FEPA). This means that you are not entitled to the same kind of relief as “normal” employees. For example, you are not entitled to a private cause of action (aka you cannot file suit). But, you do have access to your employer’s internal procedures on dicrimination. If your employer does not have such procedures, you may file a complaint with the Maryland Commission of Civil Rights for nonmonetary administrative remedies.

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5. District of Columbia

  1. As an intern, am I protected from discrimination and harassment?

Yes. Under the DC Human Rights Act, employers may not adversely affect your status as an employee based on:

This includes but is not limited to firing you, not hiring you, and reducing your pay.

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