Interns and contributions
E.C.C.O. is not a formal, registered organization or an employer. As such, the Fair Labor Standards Act (FLSA) does not apply.
E.C.C.O. has no employment relationship under the FLSA; nor does it have any employees, E.C.C.O. does not have facilities of employment and there is no permanent "job" for an intern.
If E.C.C.O. were a formal, registered organization to which the FLSA applied, there is a test for unpaid interns in for-profit or registered nonprofit organizations (see below). We would qualify under these criteria to have an unpaid intern. An intern is allowed to receive a stipend, defined as a fixed sum of money paid periodically for services or to defray expenses.
"The following six criteria must be applied when making this determination:
The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
The internship experience is for the benefit of the intern;
The intern does not displace regular employees, but works under close supervision of existing staff;
The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion, its operations may actually be impeded;
The intern is not necessarily entitled to a job at the conclusion of the internship; and
The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad.