Overtime Pay Complaints

If you were employed as a Trainee, Intern, Apprentice or Student worker and you believe that you have not been paid all of the overtime pay, hourly wages, salary and other benefits that you believe you are owed, tell us your story!

-Report Unpaid Trainee, Intern, Apprentice & Student Worker Overtime & Wages-

Trainees, Interns, Apprentices & Student Workers — You May Be Owed Overtime Pay!

Federal labor law generally requires employees to be paid overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. Trainees, interns, students and apprentices are no different and are typically entitled to overtime pay, unless they are exempt.

Certain types of trainees, interns, students and apprentices, however, are excluded from Fair Labor Standard Act (FLSA) coverage. According to the Department of Labor, each of the following six factors or criteria must be met for a trainee, intern, student or apprentice to qualify as an exempt trainee:

1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school. In other words, the closer it is to a classroom or educational setting, the more likely the individual will be considered a trainee (particularly where it is evidenced by training certificates that could be listed as a job qualification on subsequent job applications).

2. The training is for the benefit of the trainees. (such as typically the case with individuals participating in welfare-to-work programs or in training or internship programs that tend to increase their “hireability” in the open job market.)

3. The trainees do not displace regular employees, but work under close observation. (such as typically the case with a training “academy” run by a company, or a work experience program sponsored by a governmental entity.). In a real training environment, the trainees are not going to be trusted to do much actual work for the company; the actual production is presumably done by regular employees, who of course are already trained.)

4. The employer that provides the training derives no immediate advantage from the activities of the trainees, and on occasion his operations may actually be impeded. The actual productive work will be done by regular employees; any productive work done by trainees would have to be insubstantial in nature and amount and secondary to the training process.

5. The trainees are not necessarily entitled to a job at the completion of the training period. (usually evidenced by a written agreement to the effect that trainees have no expectation or guarantee of employment upon completion of the training).

6. The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training (usually evidenced by a written agreement to the effect that payment for the services is neither intended nor expected).

If a person is deemed to be a qualified “trainee”, that person is not considered an “employee” and likely will not have to be paid minimum wage and overtime.

Trainees, Interns, Apprentices & Student workers are sometimes denied overtime pay for other reasons which can be improper. Common industrywide examples include:

• requiring Trainees, Interns, Apprentices & Student workers to work off the clock (not recording time actually worked by the employee on the job, not paying for meal periods and rest breaks, failing to pay overtime for travel time from the office to a work-site and back, not paying overtime for time spent working while traveling, refusing to pay overtime for attendance at training, meetings and lectures, not paying for time spent doing necessary preparations for work such as suiting up or putting on protective gear on, on-call time, or time in security lines, forcing employees to work without clocking in, or by telling employees to report fewer hours than actually worked);
• telling Trainees, Interns, Apprentices & Student workers that they did not get permission or approval in advance for the overtime or that they are paid a salary and salaried workers are not entitled to overtime (just because you are paid a salary does not necessarily mean that you are not entitled to overtime);
• miscalculating the amount of overtime pay due Trainees, Interns, Apprentices & Student workers (employers often improperly calculate overtime by carrying over one week’s earned overtime hours into another week, paying employees their regular rate for overtime work instead of time and a half; altering employees’ time sheets and records, etc.).

–Contact An Overtime Pay Class Action Lawyer–

If you were employed as a Trainee, Intern, Apprentice or Student worker and you believe that you have not been paid all of the overtime pay, hourly wages, salary and other benefits that you believe you are due (or if you are just not sure and want to find out), contact an overtime pay class action lawyer.

-Report Unpaid Trainee, Intern, Apprentice & Student Worker Overtime & Wages-

You can also share your overtime pay and wage complaints, if any, with other Trainees, Interns, Apprentices & Student workers by leaving a comment below.

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-Report Unpaid Trainee, Intern, Student & Apprentice Overtime & Wages-