Abstract

http://ssrn.com/abstract=1839831
 


 



Worthy Exemption? Examining How the DOL Should Apply the FLSA to Unpaid Interns at Nonprofits and Public Agencies


Anthony J. Tucci


affiliation not provided to SSRN

May 12, 2011

Iowa Law Review, Forthcoming

Abstract:     
The Department of Labor (“DOL”) has recently increased its enforcement of the Fair Labor Standards Act (“FLSA”) against for-profit organizations that use unpaid-intern labor by using a six-part test to determine employment status. This recent effort explicitly excludes nonprofits and public agencies, even though the FLSA provides no clear exemption for these types of organizations. However, competing public-policy concerns might require that the DOL develop a different test to determine employee status under the FLSA. Policymakers must be cognizant of both the positive and negative aspects of unpaid internships. For instance, they help young workers establish a career path and assist nonprofits and public agencies in providing services. Yet unpaid internships can also lead to harmful economic effects and stifle social mobility. This Note takes these considerations into account in proposing a solution that aims to combat the ills of the intern economy while protecting the public’s need of nonprofit and public sector services.

Number of Pages in PDF File: 49

Keywords: Employment Law, Wage and Hour, Internships, Nonprofit, Public Agency

JEL Classification: L30, K31, K30

Accepted Paper Series


Download This Paper

Date posted: May 13, 2011 ; Last revised: February 8, 2012

Suggested Citation

Tucci, Anthony J., Worthy Exemption? Examining How the DOL Should Apply the FLSA to Unpaid Interns at Nonprofits and Public Agencies (May 12, 2011). Iowa Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1839831

Contact Information

Anthony J. Tucci (Contact Author)
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 933
Downloads: 111
Download Rank: 146,575

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.390 seconds