- The training, even though it includes actual operation of the employer’s facilities, is similar to that which would be given in a vocational school;
- The training is for the benefit of the interns;
- The interns do not displace regular employees, but work under their close observation;
- The employer derives no immediate advantage from the activities of the interns and on occasion the employee’s operations may be actually impeded;
- The interns are not necessarily entitled to a job at the conclusion of the internship and;
- The interns and the employer understand that the interns are not entitled to wage for the time spent in training.
By Roy Schneider, Esq. Interns can help to instill a mentorship culture at your company and inject new ideas into the organization. However, the intern- employer relationship can be a tricky one, and should be carefully considered. Unpaid Interns The most common question that is raised when an employer is considering bringing an intern on board is whether or not that intern will need to be paid. Although common, the practice of hiring unpaid interns may actually violate California and federal labor laws unless the internship is part of a school curriculum program or more akin to a training program than actual employment. The Department of Labor has developed the following 6-part test, in which all 6 criteria must be met, to determine whether an intern can be unpaid.