As summer approaches, many employers are no doubt planning
summer internship programs or deciding whether to hire interns for
the summer. One of the most significant issues facing employers who
hire interns, and one that has received a lot of media attention
recently, is whether the interns must be treated as employees.
Below is a brief explanation of relevant factors in determining
whether interns are entitled to all of the legal rights of
employees.
Under the Fair Labor Standards Act ("FLSA"), employees
must be compensated for the services that they provide to their
employers. The United States Department of Labor ("DOL")
has generally viewed internships in the for-profit private sector
as employment. The DOL has issued guidance as to whether interns
will be considered employees for purposes of the FLSA.
Specifically, the DOL has explained that in order for interns to be
excluded from the FLSA's minimum wage and overtime pay
requirements, six specific criteria must
