Explore Paid vs Unpaid Internships

As you evaluate an internship opportunity, you should be aware that The Department of Labor’s Wage and Hour Division developed a six-factor test for determining whether workers are to be considered “interns” or “employees” under the Fair Labor Standards Act (FLSA). The guidelines below will help you determine if the position should be considered an unpaid/credit internship or paid part time job.

  1. The internship, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in an educational environment.
  2. The internship is for the benefit of the trainee.
  3. The intern does not displace regular employees, but work under close observation.
  4. The employer that provides the training derives no immediate advantage from the activities of the intern and on occasion the employer’s operations may actually be impeded.
  5. The intern is not necessarily entitled to a job at the completion of the internship.
  6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

Click here to view Fact Sheet #71: Internship Programs Under the Fair Labor Standards Act published by the U.S. Department of Labor Wage and Hour Division for more details.