{"id":4777,"date":"2016-04-04T10:47:45","date_gmt":"2016-04-04T15:47:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/unpaid-internship-rules.html"},"modified":"2024-06-06T05:37:10","modified_gmt":"2024-06-06T10:37:10","slug":"unpaid-internship-rules","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/unpaid-internship-rules.html","title":{"rendered":"Unpaid Internship Rules"},"content":{"rendered":"\n
\n \n
\n

Unpaid Internship Rules<\/h1>\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n

Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Internships give recent college graduates the opportunity for real-life job training. They can lead to full-time jobs. College students usually get class credit for internships. Business owners can use internship programs to scout new talent without committing to permanent new hires.<\/p>\r\n

Business owners should not use interns as free labor. Federal labor laws require payment<\/a> unless the program is for the benefit of the intern. Standards for unpaid interns are strict. The Fair Labor Standards Act<\/a> (FLSA) determines whether you must pay your intern an entry-level wage.<\/p>\r\n

Primary Beneficiary Test for Unpaid Internships<\/h2>\r\n

The U.S. Department of Labor<\/a> (DOL) enforces federal labor laws. State laws about unpaid internship programs may differ from federal laws. The DOL’s Wage and Hour Division uses a "primary beneficiary" test to differentiate between a regular employee and an unpaid intern. Seven factors determine if a position benefits the student or the employer.<\/p>\r\n