LABOR DEPARTMENT NOW SUPPORTS UNPAID INTERNSHIPS
Written on .
On January 5, 2018, the U.S. Department of Labor set forth new guidelines establishing a "primary beneficiary test" for the legality of unpaid internships. Seven factors will be used to determine whether the internship meets the standard, including whether training is provided that "would be similar to that which would be given in an educational environment." Another standard indicates the job should complement, not displace, paid workers employees. The new test is generally considered to be easier for companies to meet than the old test, including the fact that the old test prohibited employers from deriving "immediate advantage from the activities of the intern."
Related Content
Get Email Updates
Receive newsletters and alerts directly in your email inbox. Sign up below.
Recent Content
TPS Update (as of 1/19/2026)
The Trump Administration has acted to terminate TPS status for several countries. Of course, litigation has followed each notice of termina…
Do Employer Rules Regarding Marijuana Need To Change In Light Of The New Presidential Executive Order?
On December 18, 2025, President Trump issued an executive order entitled “Increasing Medical Marijuana and Cannabidiol Research.” The exec…
Effect of Administration’s Abandonment of Disparate Impact in the Area of Discrimination Continues to Be Felt
In April 2025, the Administration ordered federal agencies to cease enforcement of a legal theory known as “disparate impact,” a neutral po…
Issues Arise for Employers Concerning the Overtime Tax Break
The new Administration’s tax law lets most workers deduct up to $12,500 of the “half” of the “time-and-a-half” of federal overtime income t…
NLRB To Move Quickly as Quorum Is Restored
The U.S. Senate on December 19, 2025, confirmed two nominees to give the National Labor Relations Board (NLRB) the minimum number needed to…
Developments with Starbucks Strike
The union at Starbucks, Starbucks Workers United, has become frustrated that it has not been able to negotiate (on its desired terms, of co…
