University of Texas of the Permian Basin Career Services Department

 Paid  Unpaid  Internships that articulate with academic credit

 According to the Fair Labor Standards Act, a “for profit” agency offering an unpaid internship, must meet the following six-part test. If all of the criteria is not met, then you must be paid for your labor: 1) The training you receive is similar to that given in an educational environment. 2) The work must be for the benefit of the intern. 3) The work doesn’t displace regular employees. 4) Employer derives no immediate advantage.** 5) The intern is not necessarily entitled to a job at the conclusion of the internship 6) The employer and the intern understand that the intern is NOT entitled to wages. ** In a recent survey of members of NACE, only 19.3% of college career center personnel agreed with this statement and only 24.5% of employers agreed with this statement.

The recent Affordable Care Act included legislation that mandates that employers must provide health care insurance for paid interns if: 1. The intern works 30 or more hours per week for 120 days within a calendar year & the company has at least employees.* 2. The monthly premiums cannot exceed 9.5% of the interns monthly wages. * The insurance cannot be applied retroactively. Example, Joe Intern has a doctor’s visit during his second week of employment, he cannot file a claim for that visit.

 Q: If a “for profit” employer does not meet the six part test and they advertise the position as an unpaid internship, must they pay me?  A: Yes, if a for profit employer is advertising the position as an unpaid internship and does not meet the six part guidelines, then yes, they must pay you at least minimum wage for your time and time and a half if you work more than 40 hours per week.  Q: Can a I work as a paid intern for a “for-profit” employer who has their own proprietary internship program and their program does not have all of the six FLSA components?  A: Yes, as long as you are being paid at least minimum wage, (including time and half if you meet overtime requirements), then your employer does not have to meet the six FLSA requirements.  Q: Can I simultaneously do an in unpaid internship in a “for-profit” environment for academic credit?  A: Yes, as long as you meet all the requirements of your professor and the employer meets the six FLSA guidelines.  Q: What is the difference between a part-time job, volunteer work and an internship?  A: An internship has a “formal training” component in it. Internships involve assigned mentors, cross-training, formal feedback, educational elements and sometimes experiential learning elements that differentiate it from summer jobs, part-time jobs and volunteer work. A part-time job is just that: a part-time job. You are an employee of the company are expected to do all job assignments in the job description. Volunteer work is just that. You have an agreement with the employer to carry out certain assigned duties and you do not have the same rights or entitlements that a part-time or full-time employee has. Even though volunteer work may have formal training components, the employer does not have the responsibility to train or teach.

 Corporate, non-profit or governmental websites  Professional organizations  Trade Groups  Labor Unions  Friends, neighbors or church members  University recruitment websites UTPB’s recruitment website is

 If an employer gives you an opportunity for an internship, look at it as an opportunity. Put yourself in the same mindset as an NFL player (unsigned free agent) would when he is invited to summer camp and is permitted to play in exhibition games. You are there to impress everyone within the organization and finally, to make the team!!!

 Seek out reputable mentors within the organization  Arrive early, stay late…………make a good impression!!!  Act like a professional. Do NOT gossip and ALWAYS remain positive.  Seek additional responsibility  Make a point to network with co-workers a) invite staff or management to go to lunch with you…..don’t be afraid to network with workers outside your area of assignment b) attend after hours company functions and events c) participate in extra-curricular activities: company soccer/ softball leagues, fund-raising events etc…  Dress for success  Set aside a time each week to discuss your goals and accomplishments with your assigned mentor or supervisor  Pretend that you are “auditioning” for the job that you want

How do you approach a small business or start-up that has no formal internship program? a) Research the business……understand their products and services b) Take the lead in giving your internship structure 1) Write a description of the internship 2) Once you have a mutually agreed upon job description, you can initiate a discussion about a midpoint and final performance review. 3) Listen for clues from management and coworkers about the challenges they’re facing as they could give you an idea for a project you could help get off of the ground. Once the Internship Gets Started……………… a) Don’t be afraid to speak up. Managers get busy. If you find you’re spending most of your time on busy work or no work at all, approach your intern employer with ideas of how you might be able to help out on specific projects. You don’t want to come across as telling them what to do, but you do want to offer to help. Take the internship one step further………….. a) Develop an internal intern manual as a knowledge bank or repository that can contain various procedures, vocabulary, frequently used documents, FAQs, and more. b) Could be used as a training manual for future interns. c) At the conclusion of the internship, students can also work with the employer to identify future projects that could be opportunities for meaningful work for future interns.

 Depending upon the type of company you are working for, you may be asked to enter into some type of disclosure agreement before interning or volunteering with a company.  Remember, that you are being invited into “their” house, so be flexible when asked to enter into these type of agreements. However, never sign any type of agreement that you are not comfortable with.  Some of these agreements may include: a) intellectual property rights agreements b) non-disclosure agreements c) confidentiality agreements

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