匿名使用者
匿名使用者 發問時間: 教育與參考出國留學 · 7 年前

OPT unpaid intern & volunteer

我opt 90天unemployment 快到了.老闆lab可以讓我volunteer 但是規定 clearly be a volunteer position meaning they can't let you volunteer for a position that would normally be paid. 不知道有沒有有經驗的人用了什麼理由在原本的lab當volunteer我是讀電機的.謝謝

3 個解答

評分
  • Gary
    Lv 7
    7 年前
    最佳解答

    prisoner26535's interpretation is simply totally wrong.

    1. FLSA concerns rights of employees. Even illegal immigrants are covered.

    2. The definition of employment between the U.S. Department of Homeland Security and the U.S. Department of Labor is different.

    2013-09-13 14:16:54 補充:

    At the least - the U.S. Department of Labor does not consider self-employment is employment, but the U.S. Department of Homeland Security - USCIS/ICE - think it is.

    2013-09-13 14:19:37 補充:

    3. The exact requirement is employees can't be volunteers (or any unpaid worker) for the same company. This avoid employers from not paying overtime compensation (and facing fear of termination if not doing so).

    2013-09-13 14:21:38 補充:

    Why don't I make this simple for you.

    The U.S. Department of Homeland Security defines employment as any gainful activities.

    The key is you must money making.

    So voluntary work in any capacities do not count.

    2013-09-14 02:10:18 補充:

    prisoner26535:

    1. This is an immigration law question, not labor law immigration. So in this case, DOL's definition on employee does not matter.

    2. Trust me - it is not a show off - when I said you are wrong on FLSA, you are wrong.

  • 7 年前

    The way I interpret the law is that you CAN have the same job description as a regular paid employee IF your position is an intern.

    For example, you are an electronic engineering major and you want to work for GM's engine department.

    2013-09-13 12:14:08 補充:

    Say... prisoner26535 is a regular paid employee and prisoner's job is calculating how fast the car can go.

    Now, if your boss fired prisoner and have you do the calculation instead of trying to hire a new employee. THAT would be illegal.

    2013-09-13 12:15:46 補充:

    If your boss fired prisoner and have you do the calculation while attempting to hire an employee to replace prisoner. It is fine.

    My point is, your intern/volunteer opportunity cannot be based on 'causing an American to lose a job opportunity"

    2013-09-13 12:18:39 補充:

    If you ask me, have your boss "create" an intern position and you both are covered.

    2013-09-13 14:27:25 補充:

    1. There is no dispute an employee may not "volunteer" his/her time for not only for-profit but public sector according to the website. Though the person who asked the question is NOT an employee or else he/she wouldn't have the problem with 90-day unemployment date, would he/she now?

    2013-09-13 14:29:03 補充:

    2. In my humble opinion, DOL definition of anything has nothing to do with ICE, USCIS, CBP,...or any other immigration agencies unless explicitly specified.

  • 7 年前

    You cannot volunteer in a private for-profit organization.

    It is illegal.

    2013-09-13 12:22:20 補充:

    Nope, it is illegal and as simple as that.

    http://www.dol.gov/elaws/esa/flsa/docs/volunteers....

    quote:

    Under the FLSA, employees may not volunteer services to for-profit private sector employers.

    2013-09-13 12:27:30 補充:

    Being "interns" is different. However, intern position is required to be for "training" purposes to benefit the individuals, not the company.

    2013-09-13 12:33:41 補充:

    > you CAN have the same job description as a regular paid employee IF your position is an intern.

    No. non-paid intern positions MUST be for training purposes to benefit the individuals, not the private for-profit company.

    2013-09-13 20:26:59 補充:

    Me totally wrong? Unlikely.

    US DOL defines "employee" as "the person who works" (paid or unpaid)

    And US supreme court excludes those who

    1. works for own advantages AND

    2. without expressed or implied compensation agreement

    2013-09-13 20:35:03 補充:

    These mean, to the poster,

    3. it is illegal under FLSA for anyone to work as volunteer

    4. unless your lab is non-profit or public sector

    5. or you work as intern (defined previously)

    Even if you could have been legal to work in US (I have no idea on immigration laws.)

    2013-09-18 01:15:15 補充:

    Gary,

    1. If a position is illegal for US person, it is likely to be illegal to non-US person under US jurisdictions.

    2. Why don't you tell me where I was mistaken so that I can adjust my career plan accordingly? And nope, I don't trust you - you need to earn my trust first.

還有問題?馬上發問,尋求解答。