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  • #16
    It has been 4 years, 11 months since I started the internship for 3 months.

    Now I know, and have young friends at college that are in the situation of being forced to work for free.

    1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school;
    2. The training is for the benefit of the trainee;
    3. The trainees do not displace regular employees, but work under close observation;
    4. The employer that provides the training derives no immediate advantage from the activities of the trainees and on occasion the employer’s operations may actually be impeded;
    5. The trainees are not necessarily entitled to a job at the completion of the training period; and
    6. The employer and the trainee understand that the trainees are not entitled to wages for the time spent in training.
    #4 is the kicker. Just answer the phone ONCE and the employer has received a benefit.

    I learned something today.

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    • #17
      After reading this again and realizing you are not in California, I would need to retract the 3 or 4 year SOL statement. I believe federal SOL is 3 years, but I'm not sure of any other state specific SOL besides California's SOL.
      "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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      • #18
        Also, the article I cited is just that, an article written by a non-governmental third party. I have read different articles who say that the advantage gained by the employee cannot be "substantial". I have never been interested enough in the fine points here to spend hours researching it. I will say that I am skeptical that the DOL has a rule that is impossible on it's face for anyone to comply with. That answering the phone once flushes the exception. But maybe that is just me.

        I agree that it is worthwhile talking to a local attorney, especially if you have a bunch of employees involved. Just how much could a one hour consultation cost?
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #19
          Looking at the title of the original post as "Full time California" the DLSE manual lists:
          46.6.6 Intern Programs. Historically, DLSE has required that in order to be exempt from
          the wage and hour requirements of the IWC Orders, the intern’s training must be an
          essential part of an established course of an accredited school or of an institution
          approved by a public agency to provide training for licensure or to qualify for a skilled
          vocation or profession. The program may not be for the benefit of any one employer,
          a regular employee may not be displaced by the trainee, and the training must be
          supervised by the school or a disinterested agency. (O.L. 1996.12.30)

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          • #20
            First of all, I do not want to hijack a thread. If this is enough off the original subject, I would appreciate it if cgb would inform me.

            Second. It is my understanding that all the criteria must be met.

            1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school;
            2. The training is for the benefit of the trainee;
            3. The trainees do not displace regular employees, but work under close observation;
            4. The employer that provides the training derives no immediate advantage from the activities of the trainees and on occasion the employer’s operations may actually be impeded;
            5. The trainees are not necessarily entitled to a job at the completion of the training period; and
            6. The employer and the trainee understand that the trainees are not entitled to wages for the time spent in training.
            The word "immediate" and not "substantial" was used in #4. Pointing a customer to a salesman is an immediate benefit.

            I know that on Monday I will be contacting the DOL in Missouri to ask them questions. If necessary, I will make a trip and hold a sit down meeting to see exactly what the law says.

            Should I start a new thread, or post the information here? The OP has not been posting, and there seems to be a continuity on the original subject.

            This link provides a good discussion of the subject.

            http://www.sfgate.com/cgi-bin/articl...UG0RQ19531.DTL
            Last edited by GotSmart; 12-12-2009, 10:29 AM.

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            • #21
              I would say it depends on the response you get. If you get a definitive answer and you just want to post a single post as an update, go ahead and post it here. But if the response you get is, in your opinion, likely to generate discussion, start a new one, linking this thread as reference. We can always split them later if it appears warranted.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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