can interns work more than 90 days in washington state

3 min read 23-01-2025

can interns work more than 90 days in washington state

Meta Description: Wondering about internship duration in Washington State? This comprehensive guide clarifies the rules surrounding internships exceeding 90 days, exploring legal definitions, exceptions, and potential consequences of non-compliance. We delve into the crucial factors determining internship legality, ensuring you understand the regulations before commencing or extending an internship. Learn about the Fair Labor Standards Act (FLSA) and its impact on Washington State internships.

Understanding Washington State Internship Regulations

The question of whether interns can work more than 90 days in Washington State isn't straightforward. There's no single, simple answer. The legality of an internship exceeding 90 days hinges on several crucial factors, primarily revolving around whether the internship meets the criteria established by the Fair Labor Standards Act (FLSA).

The FLSA, a federal law, doesn't specify a maximum internship duration. However, it outlines criteria to determine whether an individual is considered an "employee" requiring minimum wage and overtime pay, or a true "intern" exempt from these requirements. Washington State follows the federal guidelines for determining internship status.

Key Factors Determining Internship Legality

Several factors determine whether an internship is legally compliant, regardless of its duration:

Primary Benefit: The primary benefit of the internship must accrue to the intern, not the employer. This means the intern is primarily gaining educational or vocational experience.
Training Similar to Educational Environment: The internship should resemble a classroom setting, offering structured training and supervision.
No Displacement of Regular Employees: The intern should not be performing work normally done by regular employees.
Limited Duration: While there's no set time limit, an excessively long internship raises concerns about whether the primary benefit is to the intern. Longer internships require stricter adherence to all other criteria.
No Expectation of Compensation: Interns shouldn't expect to be paid, though some limited stipends or reimbursements for expenses are sometimes permitted.
Understanding of Non-Employee Status: Both the intern and employer should understand that the internship is not an employment relationship.

Internships Exceeding 90 Days: Navigating the Gray Area

While a 90-day limit doesn't exist in law, internships significantly exceeding this period are more likely to face scrutiny. If an internship stretches into several months or even a year, the employer needs to meticulously document how it meets all the FLSA criteria outlined above.

Documenting Your Internship: Best Practices

Thorough documentation is vital for longer internships. This should include:

Written Internship Agreement: A clear agreement outlining the learning objectives, tasks, supervision, and non-employee status.
Regular Performance Evaluations: Documenting the intern's progress and learning experience.
Detailed Records of Training: Showing how the internship provides structured educational or vocational experience.

Example of a well-structured internship agreement: [Link to a sample internship agreement template (or create one)].

Consequences of Non-Compliance

Failing to meet the FLSA's criteria for unpaid internships can result in serious consequences for employers:

Back Wages: Employers could be required to pay back wages and overtime to the intern.
Fines and Penalties: Significant financial penalties can be imposed by the Department of Labor.
Legal Action: Interns may pursue legal action to recover unpaid wages and damages.

Frequently Asked Questions (FAQs)

Q: Can an internship in Washington State last longer than six months?

A: Yes, it can, but it must rigorously meet all FLSA criteria. The longer the internship, the more crucial meticulous documentation becomes.

Q: What if my internship involves paid work?

A: If the internship involves compensated work, it is considered employment under the FLSA, and the intern is entitled to minimum wage and overtime pay as mandated by Washington State law. This is independent of the duration.

Q: Where can I find more information on Washington State labor laws?

A: You can find comprehensive information on Washington State labor laws and regulations on the website of the Washington State Department of Labor & Industries: [Link to Washington State Department of Labor & Industries website].

Conclusion

The duration of an internship in Washington State isn't explicitly limited. However, internships significantly exceeding 90 days require careful attention to comply with the Fair Labor Standards Act. Employers and interns should prioritize clear understanding and comprehensive documentation to ensure legal compliance and a positive learning experience. Always seek legal counsel if you have any doubts about the legality of an internship arrangement. Remember, the focus should be on the educational benefit for the intern, not simply providing cheap labor for the employer.