It’s almost intern season, when students are out for the summer and look to build their resume.
You’ll recall that a few years back, the Department of Labor (DOL) dropped its strict “six-factor test” for determining whether an intern qualifies as an employee entitled to at least minimum wage and overtime pay, under the Federal Labor Standards Act (FLSA).
Under this test, the DOL considered all interns to be employees unless each of the very specific factors in the test were met. As a result, companies generally had to make their internship programs paid to avoid running afoul of the FLSA. In its place, the DOL adopted a more employer-friendly “primary beneficiary” test.