 Bill and Deja Rohweder |
Using an Intern Does anyone know the legal requirements of using an intern. A high school senior has asked if she can intern with us (our business is run as a sole propietorship from our home) for 2 weeks as part of her graduation requirements. We are excited about the idea of helping and exposing her to the business of photography, but we want to make sure there are no legal requirements (i.e. insurance, workmans comp, etc.) that would be a problem. Thanks!
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Alan N. Marcus |
There are no guarantees in life! Your business is always in jeopardy. Pedestrians can trip outside on your sidewalk, workman can fall off your roof, and customers can get a shock or burn. Check with your insurance agent. No one can foresee all risks. I think if this “intern” is not being paid, your likely not in jeopardy. Don’t send him on errands using the company car. Use common sense. That being said, you deserve a tip of the hat. All to often we don’t give a thought to those who gave us a helping hand, that shove or kick we needed in your youth. My motto remains, delighted to pass it on. Alan Marcus
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Mark Feldstein |
This is one of those rare instances when I disagree with Alan. There are specific rules for businesses to follow even pertaining to uncompensated volunteers. For example, if you were in California, New York or Illinois, Washington state or Oregon, she'd be considered an employee and all the rules and regs that apply to employees in any industry, including workers compensation laws, would apply to her. You'd also be required to indemnify her for any losses in connection with her work for you and liable for any acts or omissions that occur in the course of her employment, even as a volunteer which is risky in the first place. Insofar as I'm aware, the laws of those states don't distinguish between "interns" as volunteers whether compensated or not. Even hospitals that use "candy stripe" volunteers are required to have liability insurance for them and workers comp in the event someone either causes an injury or gets injured in the course of their duties. Talk to a lawyer who specializes in business litigation in your neighborhood and then your business insurance agent. Without a doubt you're going to need workers comp for this person like any other employee. And, any agreement that she's an "independent contractor" rather than an employee won't fly either even if you provide a 1099 for tax purposes. The reason is because presumabnly she doesn't have the knowledge or skills to work on her own which is why you'd offer her an "internship" in the first instance. Moreover, since you're going to be controlling her assignments and how she completes them, providing her with the equipment necessary and all direction necessary to use it. Talk to a lawyer and an insurance agent there. Take it light ;>)
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- Carolyn M. Fletcher  Contact Carolyn M. Fletcher Carolyn M. Fletcher's Gallery |
Also check with your insurance agent. Many homeowners policies (assuming you don't have a separate policy for the business) will pick up incidental workers comp for short term things like this or like for a kid mowing your lawn etc. You said it was only for a couple of weeks, so even if they charge you, they can do it as a binder charge and it would be very minimal in most cases.
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