Criteria dictate when an intern must be paid.

Byline: On the Job by Bureau of Labor & Industries For The Register-Guard

Q: The 16-year-old son of one of our managers wants to work in our office this summer to get some work experience. He's willing to work for no pay, as he says he may be able to get high school credit for the time he spends with us. Can we agree to this, or do we have to pay him at least minimum wage? Also, would he need to obtain a work permit before we can hire him?

A: The minimum wage, $6.50 an hour, is generally required for all Oregon employees - even for minors younger than 18. However, some workers fall outside of the definition of "employee" and need not be paid.

If you hire an employee younger than 18 this summer, he's no longer required to obtain an individual work permit. The process for hiring minors was streamlined in 1995.

Under the current system, it's you, the employer, who must obtain a single "annual employment certificate" prior to hiring any minors. Once the Bureau's Child Labor Unit has approved the certificate and you've posted it in your office, you're permitted to have minors begin working for you.

You'll find detailed information on child labor laws, including the certificate application form, at www .boli.state.or.us/wage/whchild.html.

If the student provides essential services to you or works in a job that is normally a paid position, then the student is an employee subject to the minimum wage requirement and child labor laws.

On the other hand, a student may be considered an "intern" or "trainee" if all six of the following criteria apply:

The experience is similar to that given in a vocational program;

The experience is primarily for the benefit of the student (this is accomplished if the internship is part of a school curriculum);

The student does not displace other employees and works under close supervision;

The organization derives no immediate advantage from the student's activities and on occasion may be impeded;

The student is not entitled to or guaranteed a job at the conclusion of the training period;

The student and organization understand that the student is not entitled to wages or any other form of compensation for the training.

When these criteria are continuously met, an employment relationship does not exist. That means that the minimum wage, overtime and child labor laws are not applicable.

Even though the student intern may perform some actual work, he should pass the "pain in the neck" test. That means that you're spending your time training rather than receiving a direct benefit from the student's presence.

More information is at www .boli.state.or.us/technical/stw.html.

On The Job is written by attorney Dan Grinfas of the Oregon Bureau of Labor and Industries. Contact BOLI at [phone], or 800 N.E. Oregon St., No. 32, Portland, OR 97232.