In other words, the presence of the student at the work site does not result in an employee being laid off, does not result in the employer not hiring an employee it would otherwise hire, and does not result in an employee working fewer hours than he or she would otherwise work. When these criteria are continuously met, an employment relation does not exist and the minimum wage, overtime and child labor provisions of state and federal laws are not applicable. If the above criteria are met, the student is not an employee and the experience qualifies as training rather than employment. There cannot be an employment relationship at any time while a student participates in the program. That is, the student cannot be an eligible participant in the program during school hours, assume an employment relationship after school hours, and resume the participation in the program the next day.
Examples are independent contractors, volunteers and in-school placements.
Volunteers Any individual, including students, may serve as unpaid volunteers for public service, religious or humanitarian reasons. The work must be at the volunteer's own initiative. There must be no expectation of pay. Mandatory courses that have a volunteer service requirement should include a variety of options such as a term paper, senior project, volunteer, etc. As part of an overall educational program, schools may permit or require students to engage in various school-related work programs within their school district.