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Opinion Letter on Internships Issued by the New York Department of Labor

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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.

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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Employment Law, Wage and Hour

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