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)
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