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Hello, first time poster looking for some advice. I am supposed to start my internship at a solo law firm in my area, but have run into a problem. The lawyer I am trying to be an intern for is concerned about his liability when having me serve as an unpaid "intern" because of the Fair labor standards act, more specifically this portion:http://www.dol.gov/whd/regs/compliance/whdfs71.htm

He is concerned that he could potentially get in trouble for not paying me, perhaps because he could derive some amount of benefit (e.g. if i get some information from a client that he hadn't learned and I relay it to him). Basically has anyone done an unpaid internship in private practice? how is it possible to get around the FLSA definitively? Do you know of any supreme court decisions that could aid me in showing that he would not be liable?

I would be so grateful for help on this matter, thank you.

EDIT: This is an obvious omission: I am not currently a student, I recently graduated with my bachelors degree. Right now I am between law school and undergrad.

Can you just earn credit?

jn7 wrote:Can you just earn credit?

I should have added that I am not currently a student.

davidcasaletto wrote:

jn7 wrote:Can you just earn credit?

I should have added that I am not currently a student.

Yeah, I dunno the laws, but I know it is hard (maybe impossible?) to hire unpaid interns w/out giving credit.

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We can't give you (or your employer) legal advice but I'm pretty sure you're SOL.

Unpaid internships are a load of crap anyway. Tell him to pay you.

Do you not want money?

just so i'm clear, you're doing legal research to try and convince your boss that he doesn't have to pay you

rad lulz wrote:Do you not want money?

I do not want money, I wouldn't be doing any clerical work or other employee like functions. I work nights for now to make ends meet. This would be good learning opportunity for me and a chance to gain some practical insight and experience. The guy is pretty wise and has a lot of experience I'd like to benefit from; he intends on being my mentor essentially. Well, if we can figure out how to do it legally that is.

patogordo wrote:just so i'm clear, you're doing legal research to try and convince your boss that he doesn't have to pay you

Well I approached him to begin with, I won't be doing traditional employee things like writing documents or answering phones. I'll be sitting in on meetings with clients, coming along with him to the courthouse for whatever purposes he has there for the day, talking with him about ongoing cases and discussing and learning from his perspective about them. This is not a traditional internship I suppose, perhaps I could term myself as a volunteer instead (though can you volunteer at a private company legally?) or some other term. I am very determined to get in there and have this experience, I have no desire to receive any payment from him.

Can you call it a shadow?

Calvin Murphy wrote:Can you call it a shadow?

That's an interesting idea, thank you for your input I'll research that.

OP, I'm sorry, but this forum is restricted to law students and you're not one, and you're asking for legal advice, which no one here can give you, so I'm locking this.