2421.01 - STUDENTS AS TRAINEES
Whenever students are to be involved in a work-site or community-based training program, it is essential that all of the following criteria be met in order to ensure that the program is in compliance with the Fair Labor Standards Act:
The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be provided if conducted on Corporation premises.
The training is for the benefit of the student-trainees.
The student-trainees do not displace the employer's regular employees, but work under their close observation.
The employer derives no immediate advantage from the activities of the student-trainees, and at times, may have his/her operations impeded.
The student-trainees are not guaranteed a job by the employer at the end of the training period.
Unless all five (5) criteria are met, an employer relationship has been established and the student(s) will have to be considered employees. These criteria, therefore, should be reviewed with all current and prospective participating employers as well as with members of the staff who develop, conduct, or supervise such training programs.