The question is whether they are to be paid as employees or as independent
contractors.  Terms like intern, stipend, fellowship, subcontractor, etc.
can confuse the issue.

They sound like non-exempt employees to me so they would have to be paid as
such.

Faculty are often paid on a flat-fee basis for summer school but they aren't
non-exempt employees either.

Students in the summer might be considered independent contractors under
some circumstances, but not when their work is "exactly" specified.

-----Original Message-----
From: Bonnie J. Brautigam [mailto:xxxxxx@HEALTH.STATE.NY.US]
Sent: Tuesday, January 30, 2001 6:58 AM
To: xxxxxx@HRINET.ORG
Subject: Re: [RESADM-L] Intern vs Employee

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

======================================================================
 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
======================================================================

======================================================================
 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
======================================================================

======================================================================
 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
======================================================================