Intern and Volunteer Policy

Marine Biological Laboratory
Policy No. G.1.26
Intern and Volunteer Policy

Human Resources

Initiated by: Director Of Human Resources
Approved by: MBL Director
Date: March 2015
Distribution: All MBL Employees

1.0 Policy Statement
It is the policy of the Marine Biological Laboratory (“MBL”) to treat interns and volunteers (hereafter “interns”) in a manner that complies with state and federal regulations and that provides adequate protection of such individuals, to ensure fair and equitable treatment, as well as safety. Interns can fall into two categories – paid or unpaid. Strict guidelines apply for the designation into one of these categories in order to comply with legal parameters.

2.0 Overview
Interns are a useful addition to the work environment at the MBL and provide an excellent opportunity for students to expand their job knowledge and skills and to contribute to the mission of MBL. To be treated fair and equitably, prior to beginning an internship, the work being performed by an intern must be evaluated by the Human Resources staff. During the internship, the manager will evaluate the performance of the intern and ensure that the work performed aligns with the tasks defined.

3.0 Paid Interns
Interns who perform tasks that benefit the MBL need to be paid for their work. The rate of pay will be determined by the Human Resources department, based upon the tasks performed.

Cooperative Education programs (Co-Ops)
A Cooperative Education program is a type of Paid Internship. In a Cooperative Education program, students attend school full-time one semester (or two quarters), then work full-time for the next semester (or two quarters). Thus, the student alternates periods of work and school during the completion of their program. A co-op position is always paid and continues for a minimum of one semester for graduate students and two semesters for undergraduates.

4.0 Unpaid Interns
Interns may receive credit from their academic institution for the work that is performed at the MBL. Under no circumstances will an intern perform work at the MBL and be unpaid, unless the MBL has received written acknowledgement from an academic institution that the work performed will benefit the student’s course of study[ 1] . (For example: academic credit or a notation in transcript)

If an intern falls into this designation, the manager will need to coordinate with the academic institution to ensure that the internship fulfills the requirements of the institution. In order to verify the receipt of credit, the student will need to provide documentation to the Human Resources office from their institution. A template letter is available for students to provide to their institution.

5.0 Volunteers
“Volunteers” are individuals who offer their services without cost to the MBL for civic reasons and which are not typically performed by MBL employees.

Individuals who wish to volunteer their efforts at the MBL must be reviewed by the Human Resources department. The Human Resources department must be consulted to determine whether tasks would be defined as payable.

Tasks that would be defined as work which is normally performed at the MBL, or a similar institution, cannot be volunteered. Individuals performing these tasks will need to be paid.

Questions to Consider:

• Who Benefits?
  If the intern will do productive work from which the organization benefits, the individual should be considered an employee and should be entitled to minimum wage and possible overtime protection from the Fair Labor Standards Act (FLSA). In contrast, if the internship is part of an education program designed and administered by a college or university where the student is receiving academic credit, the FLSA will not apply. The internship should be set up primarily as a learning experience and not a way to obtain free labor.
• Has the intern been promised a regular position with the organization?
  If the organization offers the promise of a regular job at the end of the internship, this makes the internship in essence a trial or probationary period. The intern is then to be treated like an employee and should be compensated as such.
• Does the intern perform duties typically performed by an employee?
  If the intern seems to be replacing a regular employee, it may be an indication that the intern needs to be treated as an employee
• Is the internship part of an established educational program for which the intern receives academic credit?
  A college or university granting academic credit for the internship adds legitimacy to the program as a formal educational experience.

For additional information about FLSA compliance, see: https://www.mass.gov/service-details/volunteers-and-interns