Managing Volunteers, Unpaid Interns, and Trainees

The University places a high value on the contributions made by volunteers, unpaid interns, and trainees* to the NYU community. The University also recognizes that volunteers, unpaid interns, and trainees benefit personally and professionally from their experiences at NYU. To maximize the benefits of the volunteer or internship experience and ensure compliance with applicable federal, state, and local laws, the following guidelines have been established for departments that place volunteers, unpaid interns, and trainees.

Of utmost importance, managers and Human Resources Officers must understand the distinction between uncompensated volunteers/interns/trainees and “employees,” who perform work for the benefit of an employer for compensation. Any confusion may require the University to compensate the volunteer/intern/trainee under the Fair Labor Standards Act as an “employee,” even though that was not the intention of the University or the volunteer. These guidelines will assist in distinguishing between the different categories of workers and ensure legal treatment consistent with everyone’s expectations.

Defining a Volunteer/Intern/Trainee

A “volunteer” is one who performs services: (1) for civic, charitable or humanitarian reasons; (2) a “personal purpose or pleasure;” or (3) to gain employment contacts or a practical work experience. A volunteer performs services without promise, expectation, or receipt of compensation and without any coercion or pressure from the employer.

An “intern” or “trainee” is one who: (1) performs services primarily for his or her own benefit; (2) does not displace a regular employee; (3) produces little or nothing of value for the employer; (4) understands that he or she is not entitled to a wage for the period of training; and (5) is not entitled to a position when the training ends.

According to the U.S. Department of Labor, a volunteer relationship exists when all of the following six factors are met:

1. The training/internship is similar to what would be given in a vocational school or academic educational institution;

2. The training or internship experience is for the benefit of the trainee/intern/volunteer;

3. The trainee/intern/volunteer does not displace regular employees, but works under their close supervision;

4. The employer that provides the training/internship/volunteer experience derives no immediate advantage from the activities of the trainee/intern/volunteer, and on occasion, the employer’s operations may be impeded;

5. The trainee/intern/volunteer is no necessarily entitled to a job at the conclusion of the training period/internship/ volunteer period; and

6. The employer and the trainee/intern/volunteer understand that the trainee/intern/volunteer is not entitled to wages for the period spent in training/interning/volunteering.

Selecting and Supervising Volunteers, Interns, and Trainees

Carefully screen volunteers/interns/trainees with the same diligence used to screen and interview job applicants.
Use objective selection criteria. The selection process must be fair and equitable.
Provide adequate supervision to ensure that the volunteer/intern/trainee benefits from the experience.
Set performance goals and provide feedback. If you make the volunteers/interns/trainees feel that their service is important, they will be more responsible and less likely to perform in a negligent manner. A volunteer’s negligent behavior could expose himself or herself and the University to various liabilities.

Maintain the Volunteer/Intern/Trainee Status

Compose a description of the individual's duties and responsibilities so that there is no misunderstanding over whether the service he or she is performing is compensable under the Fair Labor Standards Act. The description should fall clearly within the definition of volunteer, intern, or trainees*.
For internships, the description of responsibilities should emphasize the academic nature of the relationship so that it is clear that critical business work or "bona fide" work is not being assigned to the intern.
Do not assign duties to these individuals that would normally be performed by an employee. Such assignments may require compensation under the Fair Labor Standards Act.

Ensure the Proper Work Environment

Ensure that the department and the volunteers/interns/trainees observe the University’s anti-discrimination and sexual harassment policies. The University does not tolerate violations of these policies by anyone, including the volunteers/interns/trainees.
Observe the applicable safety and health requirements. For example, provide lab volunteers and student interns with the proper lab safety equipment and advise them of the proper cautionary lab procedures before conducting research.

Maintain Confidentiality and Clarify Intellectual Property Issues

Volunteers/interns/trainees may come into contact with confidential information. Any understanding between the University and the volunteer/intern/trainee to maintain confidentiality should be memorialized in writing.
Volunteers/interns/trainees may work on projects that produce copyrighted materials. To avoid any disputes over the ownership of the work, the University and the volunteer/intern/trainee should execute an agreement stating that any work produced by the individual during the course of his or her service is the property of the University, and that any materials or information acquired as a result of his or her volunteer relationship with the University is the sole property of the University.

Maintain Proper Records of the Volunteers/Interns/Trainees

Maintain the individual’s pertinent information on file such as resume, address, telephone number, and other relevant documents.
Inform the University’s Insurance Department at the time of placement of the volunteer, unpaid intern or trainee. The University’s workers’ compensation and other insurance policies may cover volunteers.

Please contact the Employment Office or the Office of Legal Counsel for sample volunteer/intern/trainee agreements.

*Trainee: Denotes uncompensated workers, not compensated employees hired for a training period that provides work of considerable value to the employer.

Please note, New York State education laws require that the minimum age is 16 for volunteers/interns/trainees to work in non-profit organizations when school is not in session.