Johnny C. Taylor Jr. is working on your HR questions as part of the USA Today series. Taylor is the world’s largest HR professional society and the president and CEO of the Human Resources Management Association, author of “Reset: A Guide to Leaders to Work in an Era of Trending Times.”
Do you have a question? Please send it here.
question: I am currently a second year student working in a paid internship. I came across a very popular opportunity for unpaid internships. Is unpaid internship legal? If so, are they regulated like other employment? – Jahil
Answer: Unpaid internships can be a tricky topic, so be clear about things.
Yes, unpaid internships are legal, but they are not a free pass for businesses to benefit from free labor. A key factor is a concept known as the “primary beneficiary test,” used by the courts and the Ministry of Labor. Essentially, it decides whether an internship will benefit you, your intern or your company. Please note that these rules may vary from state to state, so it is worth investigating state-specific regulations.
This is the bottom line of an unpaid internship: they should feel more like learning opportunities than work. Think of it as an extension of your education. This experience will allow you to acquire valuable skills and training that you may not otherwise access, and responsibility should not replace the work of paid employees. Most importantly, both you and your employer must clearly agree in advance that your internship is unpaid.
There are important questions to ask yourself to help you feel better about whether an unpaid internship is legal.
Are you receiving training similar to what you get in a slays classroom setting?
sadontic Is it an internship tied to your academic program or schedule?
Do you focus on learning experiences rather than producing work for the company?
How does your job support the company running without replacing paid employees?
If the answer leans to yes, an internship might be a good fit. But if you feel like you are being treated as free labor, it’s a red flag.
For paid internships, rules will shift. Once paid, you will be considered an employee. In other words, labor laws such as minimum wage and overtime protection apply.
Here are some tips to help you make the most of your unpaid internship:
◾Focus on values. Choose opportunities that offer authentic learning, skill building and networking possibilities.
◾Know your worth. Remember, your time and effort are worth it. Don’t hesitate to ask questions to make sure the experience is worth it.
◾Do your research. If you are unsure about the legality of unpaid internships, check state and federal regulations Or, see our knowledgeable resources.
An unpaid internship can provide excellent learning opportunities when the arrangement is fair and designed to help you grow professionally. However, always be careful to assess the merits carefully before making a decision. Your time is precious and the right experience should set you up for success.
Good luck with your internship search. By doing homework, you have already taken appropriate measures.
The opinions and opinions expressed in this column are the authors and do not necessarily reflect the opinions of USA Today.
