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Is Your Intern Program Legally Compliant?


Learn how to structure a compliant internship program that meets wage and hour guidelines.

For many years, the United States Department of Labor (DOL) used the six-factor test when determining whether an employee was legally considered an unpaid intern, such that the intern would not be subject to the wage and hour requirements of the Fair Labor Standards Act. This changed at the beginning of 2018 when the DOL adopted the Second Circuit's primary beneficiary test in a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience. Employers that fail to follow the requirements to ensure an intern may properly be treated as an unpaid intern, rather than an employee who is entitled to minimum wages and overtime, can face costly wage and hour litigation. This content will discuss the seven factors that make up the primary beneficiary test and help you develop a lawful unpaid internship program. This material will also prepare you to administer an internship program by providing key considerations for all stages of the internship process.



Nancy Gunzenhauser Popper

Nancy Gunzenhauser Popper

Epstein Becker & Green, P.C.

  • Attorney in the employment, labor & workforce management practice in the New York office of Epstein Becker & Green, P.C.
  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace
  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations, and post-employment restrictions
  • Prepares employment, consulting, and separation agreements
  • Audits employers’ employment policies, procedures, and handbooks to ensure compliance with applicable laws and best practices
  • Conducts workplace training seminars for employees, managers, and human resources personnel
  • Assists in defending clients in labor and employment-related litigation in a broad array of matters, such as discrimination, harassment, retaliation, breach of contract, and wage and hour disputes
  • Can be contacted at [email protected]
Anastasia A. Regne

Anastasia A. Regne

Epstein Becker & Green, P.C.

  • Attorney in the employment, labor & workforce management practice in the New York, Washington, D.C. and Baltimore offices of Epstein Becker & Green, P.C.
  • Assists in defending clients in employment-related litigation in a broad array of matters, including claims of discrimination, harassment and hostile work environment, retaliation, wrongful termination, whistle-blowing, and wage and hour disputes, among others, in state and federal courts and before various administrative agencies
  • Prepares separation agreements, settlement agreements, and stand-alone policies
  • Assists in advising on a variety of aspects of the employment relationship, including complex international employment and human resources matters, marijuana law, COVID-19 matters, workplace safety, remote work, and new Biden administration policies
  • Previously worked as a judicial intern for the Honorable Laura Taylor Swain in the U.S. District Court for the Southern District of New York
  • Can be contacted at 212-351-4609, 202-861-1837 or [email protected]

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