The Problem
The post-graduation job market is a competitive environment, forcing students to fight for internships that might provide them with an experience to give them the extra edge in the professional world. Internships are arguably a seller’s market, leaving students to take advantage of whatever opportunities they are offered, whether they be paid or unpaid.
In 2010, Congress passed the Fair Labor Standards Act to regulate the conditions in which individuals working at for-profit establishments can work for free.
This act states that an internship can be unpaid if it fits certain criteria, one of which is if the internship is for “the benefit of the intern.” This phrasing is ambiguous and can be problematic because it leaves much room for individual interpretation and manipulation.
The problem lies not only in the federal law, but also in the respect that Otterbein requires students who hope to receive course credit for internships to pay as much as $550 per credit hour.
For several majors, taking an internship for course credit is a requirement for graduation. Adding extra expenses to internships, that are either unpaid or require students to shell out additional travel or living expenses, places unnecessary financial strain on the student and possibly their family.
Additionally, students who have the option to choose between paid or unpaid internship opportunities might be forced to make decisions based upon financial benefits, rather than the quality of the learning experience in itself, which defeats the initial purpose of an internship.
Our Opinion
As a staff, one of our primary concerns lies with the vagueness of the current law. The phrasing, as it stands now, allows employers to modify the conditions of the internship to fit their needs.
If the purpose of the FLSA was to ensure that interns were not simply providing free labor, how can it achieve this goal without addressing specific ways in which an intern must be compensated?
It seems as though “for the benefit of the intern” could be twisted into non-field related tasks that could hardly be justified as “beneficial.” Isn’t the primary objective of most of our internships for the benefit of the student? Therefore, wouldn’t that make the majority of our internships exempt from pay, according to the FLSA?
Choosing between paid or unpaid internships poses a problem for students who are not financially flexible. A student who can not afford to pass up a paid position might be forced to take an opportunity that offers financial benefit over learning experience. If the purpose of an internship is to gain learning experience, why should that be something that is sacrificed in the name of money?
Another staff concern lies with the current course credit fees attached to internships. Regardless of whether Otterbein faculty had any involvement with a student’s internship, students must pay the university to provide potentially free labor to a third party. Why should students have to pay an institution that might not have played any role in their internship experience?
Fees related to earning course credit, in addition to possible travel fees or living expenses that might result from out-of-area internships, could be a deterrent for students seeking the ideal work experience.
Our Solution
We believe that modifying the federal law to more clearly define the criteria that constitutes an unpaid internship would offer a large scale solution to the problem. Right now, the law is so vague that it can be broadly interpreted to fit a variety of employers’ intentions. There could be a more clear definition of what the term “for the benefit of the intern” means and what types of compensation, either experience based or financially based, are considered “beneficial.”
In regards to Otterbein’s treatment of internships as course credit, we believe that the university should not charge students for course credits relating to internships. Charging for internship credit discourages students from participating in as many internships as possible.
An educational institution such as Otterbein should be rewarding students for seeking professional experience in the real world.
Within the context of the Five Cardinal Experiences, the Otterbein website states that “internships and other types of professional experience have increasingly become an integral part of the higher education experience.”
The university clearly emphasizes the role of internships as part of a well-rounded college experience that prepares students for life after graduation. However, the current treatment of internship credit seems to be a hindrance to the very same values that the university impresses upon students.
