Federal Employment Laws on Unpaid Internships

Employers in California must follow two sets of standards when it comes to internships: federal and state. On the federal level, the Department of Labor created unpaid internship labor laws that all states must follow. The Department of Labor outlines six requirements for determining an internship’s legality. The employer must ensure that:

  1. The intern’s duties will be similar to training provided by an educational institution.
  2. The position exists for the intern’s benefit.
  3. The intern’s work does not displace the work of regular employees, and his or her work must be supervised.
  4. The employer cannot receive any immediate benefit or advantage from hiring the intern, i.e. an employer cannot hire an intern just to cover a sudden vacancy.
  5. A job does not have to be guaranteed at the conclusion of the internship.
  6. There is a mutual understanding that the intern will not receive wages over the course of the position.

Failing to follow these standards may make unpaid internships illegal. If your unpaid internship fails to meet these standards, talk to a California employment law attorney about your best legal options.

California Unpaid Internship Laws

In California, the Division of Labor Standards Enforcement (DLSE) has additional unpaid internship labor laws specific to the state. All California businesses seeking to hire interns must submit an outline of the proposed internship to the DLSE. The California unpaid internship will only receive approval if it meets the state requirements, which include:

  • The position must take place as part of an educational curriculum, which requires the participation of a school or similar institution.
  • The intern cannot receive employee benefits, including insurance or workers’ compensation.
  • The position must train the intern to work in a given industry, not just a specific company.
  • When recruiting, the employer must be upfront about the unpaid nature of the position.

A common concern both the federal and California government have with unpaid internships is that the internship must be of benefit to the intern, with the employer gaining no benefit or even suffering some minor loss of revenue or resources on behalf of the intern. An employment law attorney in Southern California can help you determine whether a California unpaid internship violated federal or state labor laws.

Report an Illegal California Unpaid Internship to Employment Lawyers Near Me

If you suspect an unpaid internship may be illegal and that the company abused your rights as an unpaid intern, you should speak with an experienced California employment law attorney at Glaser Labor Law today. Our employment lawyers are prepared to help you figure out if the employer violated unpaid internship labor laws, and whether you may be entitled to file an employment law claim for unpaid wages. Fill out our case review form for free legal advice about the legality of a California unpaid internship.