|- Fair Labor Standards Act Advisor|
The Supreme Court has held that the words "to suffer or permit to work," as used in the Fair Labor Standards Act (FLSA) to define "employ," do not make all persons employees who, without any express or implied compensation agreement, work for their own advantage on the premises of another. Whether trainees or students are employees of an employer under the FLSA will depend upon all of the circumstances surrounding their activities on the premises of the employer. If all of the following criteria apply, the trainees or students are not employees within the meaning of the Act:
If you are interested in whether students in a School-to-Work program are employees under the FLSA, click the underlined text.
Remember that some employees are exempt from various provisions of the FLSA. To explore broad categories of these exemptions or to obtain further information about the FLSA click on the underlined text.
For more information, please contact your local Wage and Hour District Office.
Please click on the Back button to return to the Advisor.