Asked in Employment Law for New York

Q: can I work remotely full time and be considered as full time without being present in the company?

Hi,

I have a little concern so I have done 1 year of remote full time work while studying in my university and there is this law in my university that exempts you from doing an internship if you have done 1 year or more full time relevant work and here is how it is phrased on the catalog "Students with less than one year of relevant full time work experience are required to complete an internship", I want to show them the papers that i worked full time while studying full time but i don't know if they will tell me you need to be present in the company because for people who does the internship when signing the contract for the internship they sign on this Start and End Dates of Internship: [At least: 2 consecutive months for internship or 4 consecutive

months for Internship/Capstone, 8 hours per day/5 days a week presence in the host company], while me I didn't do an internship I worked so I have a really good argument against them and the full time work in my country is 8 hours.

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Remote, full time work does exist. You may be a full time remote employee. But will your employer certify that you have 1 year of relevant full time work experience?

You may meet the definition of the single sentence you have selected. But you also have to meet the spirit of the requirement. In many professions the internship requirement is a legislative tool which provides either free or next to free services for professionals who are already licensed or certified in the field.

The internship also provides the intern with the skills needed to deal with "the public". Even if many of our professions are going remote and telecommuting it's next to impossible to learn the "soft skills" which almost every profession requires, without dealing with and interacting with people face to face.

I can often determine very quickly which people fit the jobs they perform. Some clearly do not and those are the ones who struggle. Sometimes the internship shows a potential professional that this is not the field for them. I have heard and witnessed this in the medical field. There are quite a few doctors and dentists who simply chose the wrong fields. They certainly have the intelligence to master the material but some chose a field which will always be a challenge for them. Either because of interacting with patients or conflicts with supervisors. A good internship program with daily face to face encounters would have spared them and the public lots of grief by helping them decide that another way to earn a living might be best.

So you might win the plain language argument but still be required to perform the internship for your own good.

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