{"id":4777,"date":"2016-04-04T10:47:45","date_gmt":"2016-04-04T15:47:45","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/unpaid-internship-rules.html"},"modified":"2026-10-26T10:50:09","modified_gmt":"2026-10-26T15:50:09","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":"Are Unpaid Internships Legal? An Employer’s Guide"},"content":{"rendered":"\n
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Are Unpaid Internships Legal? An Employer's Guide<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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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
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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
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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\n\n

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Key Takeaways<\/h2>\n

An unpaid internship<\/span> is a work experience<\/span> program where a student or recent graduate works without wages. It\u2019s only legally permissible under strict federal and state guidelines. For an internship to be unpaid, the U.S. <\/span>Department of Labor<\/span>‘s “primary beneficiary test<\/span>” must show that the intern benefits more from the arrangement than the employer. If the employer is the primary beneficiary, the intern is considered an employee and must be paid according to the Fair Labor Standards Act<\/span> (FLSA<\/span>).<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Although unpaid internships<\/span> give students and recent college graduates real-world job training for a future full-time<\/span> job, businesses can\u2019t use interns as free labor<\/span>. Federal labor laws<\/span> require payment<\/a> unless the program is for the primary benefit of the intern<\/span>. Standards for unpaid interns<\/span> are strict. The Fair Labor Standards Act<\/span><\/a> (FLSA<\/span>) determines whether you must pay your intern an entry-level<\/span> wage.<\/p>\n

What Is the Primary Beneficiary Test<\/span> for Unpaid Internships<\/span>?<\/strong><\/h2>\n

The U.S. <\/span>Department of Labor<\/span><\/a> (DOL<\/span>) enforces federal labor laws<\/span>. State laws<\/span> about unpaid <\/span>internship<\/span> programs<\/span> may differ from federal laws<\/span>. The DOL<\/span>‘s Wage and Hour Division uses a “primary beneficiary” test to differentiate between a regular employee<\/span> and an unpaid intern<\/span>. Seven factors determine if a position benefits the student or the employer. For an unpaid internship<\/span> to be legal, the employer must create the internship so that:<\/p>\n