I do not see how any of those criteria could not be easily met.
I was mainly responding to Dr Dave here. He asked about formalized rules and I provided a link to them.
But to respond to your statement, as I stated above, it is easier for a non-profit (tax exempt) entity to meet the requirements than a for profit company.
The primary reason for this is that a non-profit/tax exempt entity does not derive benefit from the good or services they provide (unlike a for profit entity whose sole purpose is to profit from the goods or services they provide). For most non profit organizations the primary purpose of the entity is to provide goods and services to specific groups of people or geographic areas regardless of the recipient's ability to pay for such services. So for a non profit entity meeting criterias 3 and 4 are fairly easy.
Many non profit organizations use unpaid interns and meet all of the criteria above.
Contrast that with a for-profit entity. A for profit entity is in business to provide goods or services to populations that have the ability to pay for the goods and services and thereby create profit. It is very difficult for a for profit entity to argue that a non-paid intern is not displacing regular employees and that the employer does not derive an immediate advantage from the (unpaid) activities of the intern.
A simple form with a signature verifying that I understand what I am getting into suffices.
False. There is a common misconception that merely signing a piece of paper will negate federal and state labor law and internal revenue code. As I stated before, if an entity meets all of the criteria and does not violate state minimum wage rules and regulations then it is perfectly acceptable to utilize an unpaid intern.
An employer / employee relationship does not exist.
It is the US Department of Labor, or the State Department of Labor (most if not all states have their own entity that regulates labor practices in the state), or the Internal Revenue Service (who regulate the collection of federal payroll taxes) or state payroll tax authority (in California it is the Employment Development Department) that will ultimately determine whether or not an employer/employee relationship exists. This is not something that is merely decided upon by the employer and intern.
Unpaid internships are offered out of the "goodness" of a business owner's heart, not so that they can benefit from slave labor.
In the non-profit/tax exempt world I would venture to say that this is a true statement.
However it is naive to believe that a for profit entity uses an unpaid intern "out of the goodness of a business owner's heart." Neither I, nor the U.S. Department of Labor believe that.
Look, I'm all for the appropriate use of unpaid interns. Many non-profit organizations could not perform their noble work were it not for the use of either volunteers or unpaid interns.
I am just providing this as a warning, if you intend to use an unpaid intern then make sure that you meet all of the criteria. If you are a for-profit entity then your are going to have a difficult time convincing the labor department that you are not benefiting from the unpaid labor of the intern.
Gflo, I sincerely hope you are able to find a position that you enjoy and that benefits your career path.
