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Re: [ARNY-Augmented-Reality-New-York] Seeking Unpaid Internships at NY Tech Company for Talented & High functioning Asperger's High School Students

From: Brian F.
Sent on: Monday, August 19, 2013 3:14 PM

In reference to Roman's comment, it is an accredited school that is placing these students in the internships. The internship is a curriculum requirement and meets NYS Dept of Labor requirements. Nothing to be feared. Thanks again for the help!


On Aug 19, 2013, at 2:47 PM, "Roman Fichman, Esq." <[address removed]> wrote:

This is not a directly related to augment reality but since the issue of unpaid interns was raised, I wanted to bring every one's attention to the fact that unless an intern is getting school credit for their internship, generally speaking, there is no such thing as an unpaid intern.

All uncredited internships have to pay at least minimum wage subject to overtime if working more than 40 hours a week. The NYS Dept of Labor has been fairly aggressive in pursuing companies for such misclassifications. It also opens the door to claims by the interns for back wages and penalties.

Finally, keep in mind that interns, too, should sign NDAs, IP assignment agreements and other employment type docs before beginning their assignment.

Roman R. Fichman, Esq.  │ @TheLegalist
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"From Start-Up to Exit"

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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