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<br />l'age 1 or 1 <br /> <br />Bob Makela <br /> <br />From: <br />To: <br />Sent: <br />Subject: <br /> <br />"Beety, Pat" <PBeety@LMNC.ORG> <br /><8makela@centenniallakespd.com> <br />Friday, December 27, 200212:58 PM <br />research requested <br /> <br />As we discussed this morning, the FLSA does not apply to certain student internships, and <br />therefore a stipend paid to the intern would not be subject to the wage provisions contained in <br />the Act. The FLSA definition of employee is found in 29 U.S.C. 203(e)(1). The definition is <br />somewhat vague, but Department of Labor (DOL) opinion letters are more specific on the <br />issue. Main factors to consider are 1) the validity of the internship program as an educational <br />experience; and 2) whether the primary benefit from the relationship f!ows to the learner or to <br />the alleged employer. As a rule, the DOL will not consider students to be employees when <br />they are involved in education or training programs that are "designed to provide students with <br />professional experience in furtherance of their education and training and are academically <br />oriented for their benefit" (Wage and Hour Opinion Letter, Jan. 28, 1988). <br /> <br />Please let me know if you require anything further. <br /> <br />This email has been scanned for all viruses by the MessageLabs SkyScan <br />service. For more information on a proactive anti-virus service working <br />around the clock, around the globe, visit http://www.messagelabs.com <br /> <br />12/31/2002 <br /> <br />;<;<, <br />