NEWS AND ANNOUNCEMENTS

Interns and Ethics: To Pay or Not to Pay?

by Janet Stoll-Lee, Clovis Police Department

Interns in the field of Public Relations are plentiful. From the college student looking to earn scholastic credit and some real world experience to the intern looking to start a career in the business, working for pay or frequently for free, are we as PR professionals treating them the way we should – ethically and legally? In February of this year, the Public Relations Society of America released a new professional standards advisory for the ethical use of interns. It outlines the law, best practices and ethical considerations.

Questions to ask include (for the PR professional): Does the position being offered meet the legal standard set by federal law for an unpaid internship? (for the intern): Can the internship be a significant career builder as opposed to just a mindless activity that provides little or no immediate academic or work experience?

Federal Law (Department of Labor – Fair Labor Standards Act) – Six Guidelines for Unpaid Interns:

• The internship, even though it includes actual operations of the employer’s facilities, is similar to that which would be given in an educational environment.

• The internship is for the benefit of the intern.
• The intern does not displace a regular employee, but works under the close supervision of existing staff.

• The employer that provides the training derives no immediate advantage from the activities of the intern and, on occasion, its operations may be impeded.
• The intern is not necessarily entitled to a job at the conclusion of the internship.
• The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If all of the above criteria are met, then the internship falls outside of the scope of the FLSA, and the internship may be unpaid. Otherwise, your intern may be considered a “covered employee” under the FLSA, subject to applicable minimum wage and overtime requirements.

California Law (Legislative Rules) and Internships:

• California requires that interns receive college credit as a condition of being unpaid. But federal regulators say that receiving college credit does not necessarily free companies from paying interns, especially when the internship involves little training and mainly benefits the employer – in other words, you are using their talents and skills without remuneration for billable work.

• Prior to starting an internship program, make sure that your program meets state law requirements as well as federal law requirements.

Student Factors – Items to Consider:

• The experience: Is the student getting an educational opportunity beyond the drudge work that includes menial tasks such as making copies and filing?
• Hidden costs: Earning college credit for fulfilling an internship may incur a cost to students.
• Intern abuse: There are unethical employers who misuse interns.
• Economic mobility: When low-income students are self supporting and need to be paid for their work, their options are limited by the large number of valuable, unpaid opportunities.
• Silent suffering: Interns whose status may be abused may be reluctant to complain while performing increasingly responsible and significant work. Interns might fear that they may be cast as troublemakers and that this label could follow them throughout their professional careers.

Additional Factors:

• Internships can involve long hours, no pay and grunt work but can still provide a rewarding experience.
• As the public relations major grows in popularity across the nation, so will the competition for entry-level positions.” This makes internship experiences much more valuable in an entry-level individual’s résumé. An ethical public relations organization is equally challenged when hiring interns and must be dedicated to providing a good educational experience, especially if the internship is unpaid.
• The employer and the intern need to develop an approach to the work that benefits both.

Reminder:

• When paying an intern is not possible, make sure the internship adheres to all of the DOL guidelines and look for creative means of compensation and reciprocation.

As you know, we as PRSA members pledge to adhere to the Society’s Member Code of Ethics. Advocacy, honesty, fairness, expertise, free flow of information, disclosure of information and enhancing the profession are ever so important in this matter. If you question your thinking, you may always log-in to www.prsa.org and access the PRSA Member Code of Ethics and the Professional Standards Advisory PS-17 (February 2011)