Question: My son was recently hired as an unpaid intern. I was wondering if any federal or state labor laws govern how long a person can work as an unpaid intern and if the company has to reimburse him for expenses related to the position. The job is part time; so I am not concerned about the number of hours he works. I just want to know how long the company can legally continue not to pay him.

Answer: Federal labor laws don't mandate how long internships should last.

"There are no federal laws that address themselves to the limits on the length of an internship," said Irv Miljoner, who heads the Long Island office of the U.S. Department of Labor. "It's really a matter of an agreement of the parties."

But he pointed out that when an internship is no longer linked to a course of study, that could raise concerns about whether the job should pay.

"If the internship is extended beyond what was originally anticipated, there might be questions about whether it should be unpaid," he said.

The New York Department of Labor takes a similar stance. People who receive college credit for work or are full-fledged trainees don't have to be paid, a spokeswoman said. A trainee is someone who requires close supervision, she said. And that person's work isn't considered as valuable without that supervision.

And the promise of a job shouldn't be tied to the training. In other words, a company can't say, "OK, you're going to be an unpaid trainee for the week, and then you've got a job,'" she said.

"Once you tie a job to it, then you're training one of your own workers," she said.

And the trainee can't displace a paid worker.

"You've got to look at these things carefully," she said.

As for the expenses, companies decide whether to reimburse employees for out-of-pocket business expenses. Your son can claim the expenses on his taxes. That doesn't change his situation at work, but at least it's something.

Sounds as if your son needs to talk to a manager about the chances of converting his internship experience into a paying job or move on. But if he is happy just to get the experience, you are going to have to put your worries on hold.

Q: After 15 years, my husband lost his job when his company went out of business. He filed for unemployment insurance and collected benefits for a week. Then a friend offered him a job for half the money he was making, and he accepted the job because we needed health benefits. When his previous company went out of business, he wasn't entitled to COBRA benefits anymore. He's been at this new job for about three months now, and it's just not working out for him. If he quits this job, would he be eligible for unemployment benefits? And would he be eligible for COBRA?

A: Generally when employees quit a job they aren't eligible for unemployment benefits. But the state Labor Department stresses that it considers unemployment benefits claims on a case-by-case basis, so you should apply to hear what comes back. Call the unemployment Telephone Claims Center at 888-209-8124.

As for COBRA, if he quits, he could qualify because a resignation is one of the "qualifying events" that triggers COBRA eligibility.

ABOUT THE WRITER
Carrie Mason-Draffen is a columnist for Newsday and the author of "151 Quick Ideas to Deal With Difficult People." Readers may send her e-mail at carrie.draffen@newsday.com.

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