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ARTICLE · 09 FEBRUARY 2023

Should Interns Be Paid Or Unpaid?

Greenberg Glusker LLP
Greenberg Glusker LLP
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Greenberg Glusker LLP

Greenberg Glusker LLP

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I recently shared commentary with SHRM regarding unpaid internships, including the legal considerations that employers should keep in mind.

United StatesEmployment and HR

I recently shared commentary withSHRMregarding unpaid internships, including the legal considerations that employers should keep in mind.

When are internships allowed to be unpaid and when they must be paid?

The short answer is that so long as an intern is properly classified under the law as an intern, they do not have to be paid. Technically, the distinction between paid and unpaid interns does not exist under the law. Rather, the question is whether the worker can properly be classified as an "intern" (and therefore does not have to be paid because the worker is exempt from Fair Labor Standards Act (FLSA)), or if the worker must be classified as an employee (and therefore does have to be paid).

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