In a published, December 21, 2010 opinion letter to a non-profit organization, the New York Department of Labor (DOL) discussed the organization’s educational internship program for persons between the ages of 18 and 24. It found that the interns were not “employees” under the New York State Minimum Wage Act because they met all of the 11 criteria established by the DOL. Employers that use (or are considering) internship programs must ensure that their interns meet all these criteria, or else they must pay their interns at least the minimum wage.

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Practice Group

Employment Law

Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

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Practice Group

Wage and Hour

Ogletree Deakins’ Wage and Hour Practice Group features attorneys who are experienced in advising and representing employers in a wide range of wage and hour issues, and who are located in Ogletree Deakins’ offices across the country.

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