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Discussion 5: The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) specifies employee rights, including minimum wage and overtime
pay. Students often work in unpaid internships, and employers are not obligated to comply with the FLSA
if the student is receiving an educational opportunity, as opposed to providing free labor for a company.
The U.S. Department of Labor requires compliance with the FLSA, including payment of wages and
overtime when an intern is solely assisting in a company’s operations. For this discussion, you will be
considering when an employer should be obligated to comply with the FLSA and compensate its interns.
Before you begin, review the United States Department of Labor (DOL) tests for determining when an
intern should be compensated. The URL for connecting to the DOL tests
is http://www.dol.gov/whd/regs/compliance/whdfs71.htm.
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For your initial response, describe an intern and an internship situation that you believe meets the
DOL tests for remaining an unpaid internship
In describing the situation, take all of the test provisions into consideration
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