So, it seems we are seeing more and more unpaid internships as flagged ads. Many, if not most advertisers are posting these to gigs as there is an option for "no pay" there (fig.1). Some are posting to jobs as there is an "internship" option (fig.2).
Here are a few thing that make this tough for the advertisers and the helpers. The "job guidelines page" (fig.3) can ONLY be viewed by those posting jobs to a craigslist site that doesn't charge for job ads(fig.4). Those who post job ads to craigslist sites that charge per an ad do not get to see these guidelines. Another point to remember is that the ONLY place craigslist says that unpaid internships are prohibited is on the "job guidelines" page. Those posting gigs to ANY craigslist site will never see those guidelines during their posting process, or in the rules/FAQ/job-FAQ. This make it very confusing for all involved. Advertisers, helpers, and readers. Keep in mind we haven't even touched on if the internship is within the law.
Now that we have some background information on craigslist, and why advertisers may be posting these ads we should now turn our focus to why are these ads being flagged by the readers. I am working on a "blurb" that will be formated in the same manner as the "wanted pets" one is, reasons readers MAY be flagging these. But till then I have a useful "blurb" that I use till then, you may use it also in it's complete form if you like.
Below are pictures from the posting process for gigs and jobs that you might find helpful. Each picture if clicked on will show it full size.
"unpaid internships blurb"
Interships are jobs, not gigs. Jobs does not have a "no pay" option.
http://www.dol.gov/whd/regs/compliance/whdfs71.htm
The Test For Unpaid Interns
There are some circumstances under which individuals who participate in “for-profit” private sector internships or training programs may do so without compensation. The Supreme Court has held that the term "suffer or permit to work" cannot be interpreted so as to make a person whose work serves only his or her own interest an employee of another who provides aid or instruction. This may apply to interns who receive training for their own educational benefit if the training meets certain criteria. The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances of each such program.
The following six criteria must be applied when making this determination:
1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
2. The internship experience is for the benefit of the intern;
3. The intern does not displace regular employees, but works under close supervision of existing staff;
4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad. Some of the most commonly discussed factors for “for-profit” private sector internship programs are considered below.
#4 is the downfall of nearly ALL internships.
Pictures:
(sorry these are in reverse order fig.4 first, fig.1 last)
 |
| fig.4 |
 |
| fig.3 |
 |
| fig.2 |
 |
fig.1
|
