Do You Have To Pay Interns In California Guide to Laws About Internships in California Is my unpaid internship legal In general if you do any work for a for profit company you must be paid at least minimum wage However there are some exceptions including unpaid internships BUT for an unpaid internship to be legitimate the intern not the employer must be the primary
Courts have used the primary beneficiary test to determine whether an intern or student is in fact an employee under the FLSA 2 In short this test allows courts to examine the economic reality of the intern employer relationship to determine which party is the primary beneficiary of the relationship Courts have identified Most un or low paid student workers in California are in fact trainees rather than interns In valid trainee arrangements employers will not be required to pay minimum wages and or overtime because the trainees will not be considered to be employees hence minimum wage and overtime rules will not apply
Do You Have To Pay Interns In California
Do You Have To Pay Interns In California
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In California unpaid internships are legal However employers have to comply with both state and federal laws in order to host an unpaid intern Federal guidelines require that the internship benefits the intern not the employer California requires employers to submit a proposal for the internship to the Division of Labor Standards Enforcement DLSE for Do you have to pay interns Unpaid internships can seem like a great deal the employer gets free labor and the intern gets experience and contacts to build a resume However federal labor laws as well as state labor laws in California and many other states require that workers including student interns working for academic credit must
Unpaid Internships in California In California unpaid internships are legal In order to hire an unpaid intern in California the employer is required to submit an outline of the proposed internship to the Division of Labor Standards Enforcement DLSE Employers in California must meet two sets of standards in order to hire an unpaid intern If your San Diego business wishes to take on an unpaid intern you must meet all of the following requirements The internship must be part of an established course at an accredited school The intern s must be trained to work in a specific industry The intern s must not displace any regular employees The internship must be supervised by a
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If a company fails to pay an intern when the law requires it the company can later be required to pay back wages equal to no less than minimum wage overtime potential penalties and more If you believe you have suffered discrimination in the workplace do not wait to act Call us at 562 855 0004 or Contact Us Our consultations are An internship program where the interns perform work on their own with little or no supervision will likely violate this requirement Factors 5 and 6 The Intern Is Not Entitled To A Job and the Parties Understand That The Intern is Not Entitled To Wages Factors five and six are relatively straightforward and easy to meet
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