Unpaid Internships - are these legal?

startupusa

New Member
Jurisdiction
New York
I found what I thought was a great opportunity for an internship in a more mature startup environment which is a small business. I expected to be paid quite low but was happy just to work and learn and give them my best work, which is certainly worthwhile. The problem I encountered was their telling me that they were working to get credits for the class and that this could be considered an internship for university credit.

In this type of scenario, I really think there needs to be more clarity, such as how many hours are expected and when. I'm certainly not going to be on call nor should I be expected to be doing the type of sweat investment all those that have skin in the game provide. If I would even consider this, shouldn't there be a written agreement?

Let's assume there are no credits involved. I heard that some states made this whole arrangement illegal or there is some ban on them. If that is the case, what kind of minimum wage might students expect? Thank you for all the help you can provide.
 
Let's assume there are no credits involved. I heard that some states made this whole arrangement illegal or there is some ban on them. If that is the case, what kind of minimum wage might students expect? Thank you for all the help you can provide.

Since you tagged NY as the state, I'm assuming that's where the job is. The NY Department of Labor (NYDOL) website has a page devoted to the issue of pay for internships working for a for profit business. Take a look at that and if you still have questions then the NYDOL would be a good place to ask for the answers.
 
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