Other institutions in PA with which I am familiar (e.g. the DOH) would consider
them to be "interns" paid as temporary, part-time, non-exempt employees, who
must be paid by the hour worked, with overtime for extra hours.

Dan Snyder <xxxxxx@ACNATSCI.ORG> on 01/29/2001 07:50:57 PM

Please respond to Research Administration Discussion List <xxxxxx@hrinet.org>

To:   xxxxxx@HRINET.ORG
cc:    (bcc: Bonnie J. Brautigam/Wadsworth/DOH)
Subject:  [RESADM-L] Intern vs Employee

I'm hoping to get some guidance sorting out the issues of intern vs employee,
and subcontractor vs employee, as it relates to the following situation.

We expect to employ a couple of college students this summer on an externally
funded contract. They will have to follow study protocols (i.e., we will have
the ability to specify exactly how they perform their work), but they will also
receive instruction/education beyond that needed for the sponsored program at
hand, and will have the opportunity to conduct their own mini-projects. We are a
private, non-profit research institution, with education programs but not degree
granting.

Our Project Leader wants to hire them as "interns", at a fixed pay amount per
week, regardless of their hours worked.  However, my understanding is that they
are simply temporary, part-time, non-exempt employees, who must be paid by the
hour worked, with overtime for extra hours.  Thus, paying a fixed amount per
week would not be appropriate. Is this correct?

I've also been asked whether they could be employed as "subcontractors".
However, they are students, do not have their own insurance (e.g., liability) in
place, and do not offer their services widely and support themselves as
subcontractors - they are simply getting summer jobs.  Woudn't it be correct to
say that a designation of "subcontractor" would be definitely inappropriate?

Dan Snyder
Patrick Center for Environmental Research
Academy of Natural Sciences
Philadelphia, PA

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 subscription information and a web-searchable archive, are available
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