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internships

The U.S. Department of Labor (DOL) has increased enforcement activities across the board.  This year it issued a “Fact Sheet” about what circumstances will allow an employer to use an unpaid intern without running afoul of the Fair Labor Standards Act (FLSA).  Key to successful “unpaid” status are the requirements that the experience be educational in nature, is for the benefit of the intern, and that the employer “derives no immediate benefit” from the activities of the intern.  If the intern is performing work for the employer, then the minimum wage and overtime rules (as well as child labor laws) apply.