Employer FAQ - Employer Policies and Guidelines
Employers are expected to abide by the Equal Employment Opportunity guidelines (http://www.eeoc.gov/facts/qanda.html) and the National Association of Colleges and Employers Guidelines for Professional Practice (http://www.naceweb.org/Knowledge/Principles/Principles_for_Professional_Practice.aspx?referal=knowledgecenter&menuID=203). Employers are prohibited from posting positions that request donations, non-refundable fees, investments or have items or services for sale. For more information, go to: http://career.ucsd.edu/employers/employer-usage-policies.html.
Third-party recruiters may take advantage of all employer services and other events sponsored by the Career Services Center provided they:
- Identify themselves as a third-party recruiter on their employer profile and all job announcements.
- Charge no fees to the candidate.
- Identify, upon request, the name of the actual employer they represent and permit verification of this information.
- Provide a position description for valid openings.
- In accordance with the Family Educational Rights and Privacy Act, release candidate information provided by the university exclusively and only to the identified employer. Re-disclosure of candidate information is not permitted.
Should I classify my position as an internship? What are your guidelines for internships, especially if unpaid?
As defined by the National Association of Colleges and Employers (NACE), an internship is a form of experiential learning that integrates knowledge and theory learned in the classroom with practical application and skills development in a professional setting. Internships give students the opportunity to gain valuable applied experience and make connections in professional fields they are considering for career paths; and give employers the opportunity to guide and evaluate talent. Internships are learning-based opportunities that assist with career skill development and includes a training component. Internship positions can be part-time or full-time, paid or unpaid.
The legal considerations are addressed through six criteria for unpaid interns for the service they provide to “for-profit” private sector employers articulated in the Fair Labor Standards Act (see FLSA Fact Sheet #71 - http://career.ucsd.edu/_files/interns.pdf). Essentially, if the six criteria are met, the Department of Labor (DOL) considers there to be no employment relationship. The six criteria established by the DOL are:
- The internship, even though it includes actual operation of the employer’s facilities, is similar to training that would be given in a vocational school.
- The internship experience is for the benefit of the student.
- The intern does not displace regular employees, but works under the close observation of a regular employee.
- The employer provides the training and derives no immediate advantage from the activities of the intern. Occasionally, the operations may actually be impeded.
- The intern is not necessarily entitled to a job at the conclusion of the internship.
- The employer and the intern understand that the intern is not entitled to wages for the time in the internship.
Academic credit can be offered for unpaid internships. Students are advised to contact UC San Diego’s Academic Internship Program (AIP) at http://aip.ucsd.edu to obtain pre-approval.