Can a non-exempt employee delegate work to an unpaid intern?

I am an exempt employee living in New York City, working at a 501c3. After January 1, 2019, my salary is under the new threshold for exempt salaried employees, and I will be reclassified as "non-exempt" and would be eligible for overtime. I also manage an unpaid intern. As a non-exempt employee, can I legally delegate work to this unpaid intern that I would normally do? It seems to me that any work I delegate to the intern would be preventing me from getting paid for doing that work myself. Can you advise?

1 answer  |  asked Dec 14, 2018 1:35 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Your employer directs your work. The question is not whether you are being denied work. The question to your employer should be whether you have any personal liability exposure for violating minimum wage laws should the interm be deemed an employer entitled to earn minimum wages. I would inquire regarding what types of tasks the unpaid intern is permitted to perform to make sure they are truly an intern learning some trade or meaningful work. The analysis is complicated and depends on specifically what they do and what they are actually learning. Cover yourself. Wage and hour laws subject you to potential personal liability. Seek legal counsel.

posted by V Jonas Urba  |  Dec 14, 2018 2:18 PM [EST]

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