Rory Cullen, Kaizen Software Developer

That’s right, crime is up, and I’m trying to do my part.  In fact, I think I am running an Internet scam right now!  That’s right, I need you to help me get my millions of dollars out of Massachusetts.  All you need to do is pay a small bribe to the government to release the money to your account, and I will reimburse you from my father’s funds ten times over.  Oh, did I mention my father is the King of Massachusetts?  Feel free to post your bank info in the comments and we’ll be in touch.  I look forward to hearing from you.

Ok, I’m not actually running a scam, but I may be an accomplice to illegal activity.  Of course, I would not be breaking the law by working for free, but a company who hires me just might be.  I had heard that this was a possibility prior to starting this effort, but I didn’t let that stop me!

I caught a re-tweet today from @careerdiva, who said that working for free is a labor law no-no (her words, not mine).  This is something I was afraid of.  She also wrote a post recently about this new trend here.  This is very disturbing news, but good to know.  In fact, she actually contacted the Department of Labor, and got the facts.  Read her post for more, but generally, it does not bode well for me.  In general, if you have an “employment relationship”, you must be paid minimum wage.

So, how do we define this?  I’ll focus on how we avoid this relationship through the world of internships.

Regarding internships:  If you meet these six factors, then you don’t have to be paid.  I’m addressing them each in blue:

• The training is similar to what would be given in a vocational school or academic educational instruction;
  • My thoughts:  If you are sitting me at a desk and saying “get to work”, then I’m an employee.  If you are sitting me down with a co-worker who is showing me how to do something, maybe I’m an intern?
• The training is for the benefit of the trainees or students;
  • Ok, this is tougher, but I am clearly stating this is for my benefit!  Yes, I believe I can add value, but I’m going to learn a lot too.
• The trainees or students do not displace regular employees, but work under their close observation;
  • Unequivocal yes!  I am not looking to steal a position, I’m looking for a part-time opportunity to learn and grow while I continue my job search, preferably under mentorship.
• The employer that provides the training derives no immediate advantage from the activities of the trainees or students, and on occasion the employer’s operations may actually be impeded;
  • Really?  All companies that hire interns do it out of the goodness of their hearts?  Maybe so, but I figure they get some free labor out of it too, and maybe find a person they want full-time.  I’m going to admit that I do not think I will be selling my ability to “impede your operations”,  at least not on my resume…Ok, maybe I’ll add that to my cover letter.
• The trainees or students are not necessarily entitled to a job at the conclusion of the training period;
  • Easy enough, not expected.  Might be hoping for this (what intern isn’t hoping for this?)
• The employer and the trainees or students understand that the trainees or students are not entitled to wages for the time spent in training.
  • Yep, I can definitely sign something about this, no problem.

Hooray, I have defeated the DOL rules!!!!  Oh, there’s more?

@careerdiva goes on to quote the DOL representative as follows;

‘For example, a person cannot “volunteer” his or her services to a private employer to perform the same type service performed as an employee.’

Dang, isn’t that just what I’m trying to do?  Yes and no.  I don’t want to displace, or “under bid” a regular employee.  I want to prove that I can perform the same tasks as a regular employee.  All employees want to learn on the job, I’m just being more transparent about this goal.  This should not be punished.  I do understand that the DOL is trying to protect me from myself, but it’s not helping me right now.

I guess the big issue here is, who is going to go to HR and ask them to risk a DOL violation to hire me for free?  This is going to take the HR equivalent of an adrenaline junkie.  Know any?  Calling Dan Cortez, are you in HR now?

Share and comment!  How can I impede you today???