![]() On the other hand, if the analysis confirms that the intern or student is not an employee, then he or she is not entitled to either minimum wage or overtime pay under the FLSA. If analysis of these circumstances reveals that an intern or student is actually an employee, then he or she is entitled to both minimum wage and overtime pay under the FLSA. Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case.
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