Internships in the Workplace | A Know Your Rights Article

This article is part of our Know Your Rights in the Workplace series. All written information within this article is not legal advice. Current Federal, State, and Local laws are subject to change since this article was published. If you are seeking legal expertise, please consult a licensed legal professional.

An internship is an essential college experience akin to hiking to the “R”, getting a photo with the current mascot, and choosing your major. But just because an internship is a staple to the traditional college experience, it doesn’t come without risks. So, let’s make sure you’re not taken advantage of in your first bout with the professional world by learning about your rights as an intern.

Are Unpaid Internships Legal?

Most employers pay their interns because they value their contributions as equally as their full-time employees. Yet, some employers and industries are more apt to exclude interns from payments, arguing they will gain valuable experience in replacement. To determine if an unpaid internship is legal, the courts will use the Primary Beneficiary Test as part of their examination. Past courts have outlined this test as flexible, so it may not be entirely as rigid as the line items sound.

What’s in the Primary Beneficiary Test?

The Primary Beneficiary Test includes a total of seven factors an employer should meet to verify if the role is an internship or that of an employee.

  1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa.
  2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.
  3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.
  4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.
  5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.
  6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.
  7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

Take a close look at these items and ask yourself where your experience as an intern falls into this framework. You may also consider asking questions surrounding these lines in the interview before you decide to proceed with the internship. Remember, an interview is a two-way conversation, and you can freely reject an employers offer too.

Are Unpaid Internship Worth It?

Is college worth it? Is paying for your date’s dinner worth it? These are questions that teeter on the edge of hard facts and personal situations. If you can afford to give up a paycheck for an unpaid internship and find the experience to be valuable, then perhaps it’s worth it. But remember many employers offer paid internships, so shop around and ask inquisitive questions. Employers often use these situations to find top talent early on. Don’t be afraid to demonstrate your abilities and hard work for a short duration. Your efforts may just pay off with future opportunities.

Let’s Recap

Internships are excellent ways to gain professional experience, build a network, and increase your chances of career success after graduation. However, not all internships are equal. Be sure to carefully research how the employer meets or doesn’t meet the Primary Beneficiary Test factors. You should be the one benefiting as equally, if not more, than the employer. Ready to begin your search for an internship? Visit our office, schedule a session, or explore our website. All of these options will provide you access to a variety of resources on where to find one, how to apply, and the top ways to interview.


By Thomas Guzowski
Thomas Guzowski Assistant Director of Marketing