Blogs

HR Question: Interns and Overtime

Question: We hire interns (generally students in their junior and senior years) to do professional work for clients alongside, and under the supervision of, our professionals. They earn at least twice the salary test wage of $455 per week and are paid on a salary basis. Are they eligible for overtime pay?

Answer: Maybe. The Fair Labor Standards Act (FLSA) and state wage and hour laws exempt certain categories of employees from overtime. These interns may qualify as exempt employees under the "learned professional” employee exemption.

To meet for the learned professional employee exemption and be exempt from both minimum wage and overtime pay, all of the following criteria must be met:

  1. The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week.
  2. The employee’s primary duty must be the performance of work requiring advanced knowledge.
  3. The advanced knowledge must be in a field of science or learning.
  4. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

See WHD Fact Sheet #17D: Exemption for Professional Employees Under the Fair Labor Standards Act (FSLA) for additional information explaining the learned professional exemption.

If the employees meet the exemption requirements, they would not be entitled to overtime. If the employees do not meet the requirements, it still may be possible that they qualify under one of the other white collar exemptions.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Get your free 30-day trial here.

More Blog Entries

3 Reasons Paid Internships Benefit Nonprofits

When looking to hire interns to work at your nonprofit, there are multiple factors that...

​​​​​​​2019 Nonprofit UI Toolkit

Here at UST, we've compiled some of our top unemployment guides for managing nonprofit...