For an internship to be legally unpaid according to the FLSA, who must be the primary beneficiary of the arrangement?
Answer
The intern
The foundational test for classifying an internship as unpaid under the FLSA requires that the arrangement primarily serves to train and benefit the intern, rather than providing substantial benefit to the organization.
Related Questions
What US federal law primarily governs the legality of offering unpaid internships?For an internship to be legally unpaid according to the FLSA, who must be the primary beneficiary of the arrangement?If an intern performs work that a regular, paid employee would typically handle, what compensation must they receive?Which industries are frequently mentioned as standard setters for paying interns due to high talent demand?Which types of organizations historically lean toward offering unpaid positions or stipends, often citing budgetary constraints?What key issue regarding equity arises from the requirement of unpaid labor for industry entry?What is a common feature defining the compensation structure of a micro-internship?When an employer chooses to pay an intern even when not legally required, what primary benefit do they seek regarding talent acquisition?How is a paid intern often viewed by the organization compared to an unpaid intern?What factor significantly influences the wage rate for an internship within a field where paying is common?What core expectation must an unpaid internship meet to align with FLSA guidelines regarding learning?