“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: What are the requirements for internships to be unpaid?

Question:

What are the requirements for internships to be unpaid?

Answer: Aimee, one of our HR Pros says…

The DOL uses the six factors below to evaluate whether a worker is an intern or an employee for purposes of the Fair Labor Standards Act (FLSA). These six criteria must be applied when making this determination:

– The internship, even though it includes actual operation of the facilities of the employer, is similar to training that would be given in an educational environment;
– The internship experience is for the benefit of the intern;
– The intern does not displace regular employees, but works under close supervision of existing staff;
– The intern is not necessarily entitled to a job at the conclusion of the internship;
– The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion, its operations may actually be impeded; and
– The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If all of these six conditions are met, a company may be able to classify the worker as an unpaid intern. Keep in mind, however, that this is a very high bar to meet. More often than not, the work done by an intern benefits the employer. Consequently, it’s often safest to simply pay minimum wage and overtime (if applicable) to interns.

 

 

Aimee is a recognized leader in the field of Human Resources. Aimee was previously the Global Director for the Board of Directors of the local chapter of the Society for Human Resource Management. Previously, she was the HR Director and Global HR and Organizational Effectiveness Adviser for an international humanitarian relief and development organization and worked as an HR consultant to small and mid-sized companies.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments
Author picture

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
All
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
HR Q&A

Q&A: We’ve had a request for a religious accommodation, but I think the employee wants to get out of following the policy for other reasons. How do I determine whether a religious belief is legitimate and sincerely held?

Ordinarily, you should assume that an employee’s request for a religious accommodation is based on a sincerely held religious belief, observance, or practice. The definition ...
Read More →
Career Mondays

Career Monday: 14 Habits That Make You a More Valuable Employee

Making yourself more valuable to your employer leads to a more successful career. More opportunities open up when you have an impressive resume and a ...
Read More →
HR Q&A

Q&A: We’re not bound by any law requiring us to conduct background checks, but we choose to do them for all new hires. Should we also do them when we rehire an employee?

It’s up to you. Conducting a background check when hiring a former employee would keep the process simple and straightforward. Every exception you add to ...
Read More →
Share via
Copy link
Powered by Social Snap