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

FCRA Litigation Challenges Employers’ Use of AI Hiring Platforms
A January 20, 2026, class action filed against Eightfold AI, Inc. in California is sending shockwaves through the employer and AI community…

The Dangers of Employers Using AI Research Tools as to Discovery Requests from Plaintiffs
A second “bombshell” affecting HR pertaining to AI is a federal court ruling in New York, that a defendant’s use of AI in researching and p…

Two Subsequent Cases Protect Defendant’s Use of AI as Subject to Work-product Protection
Soon after the deciding of the above-discussed case on February 17, 2026, in U.S. v. Heppner, a criminal case in the District Court for the…

Is There Anything an Employer Can Do to Avoid Waiving Privileges in Using AI Research Tools?
There are no easy answers to the above question, but some general observations will nevertheless be made. First, the New York district cou…

Suggestions on Use of AI
Perhaps the starting point is to look at the type of AI platforms generally available. At a recent conference about AI use for HR, speaker…

Worksite Enforcement and TPS and Parole Status Update
The webinar will cover how to deal with a worksite enforcement action and various types of immigration enforcement activities. The webinar…