Federal Employment Laws on Unpaid Internships
On the federal level, the Department of Labor created unpaid internship rules that all states must follow. The Primary Beneficiary Test outlines the Department of Labor’s seven requirements for determining an internship’s legality. The employer must ensure that:
- The intern knows that the position is unpaid.
- Training is similar to training received at an educational institution.
- The internship is tied and integrated to the student’s educational program or degree.
- The intern only works during periods that do not conflict with academic commitments or the academic calendar.
- The internship only lasts for a period of time in which it imparts beneficial learning upon the intern.
- The intern’s work does not replace existing employees’ work while providing significant educational benefits.
- The intern understands that this internship does not provide entitlement to a job.
Failing to follow these standards may make unpaid internships illegal. If your unpaid internship in Los Angeles fails to meet these standards, talk to a California employment law attorney about your best legal options.
