Is it illegal to have unpaid interns in California?

Interns must be paid unless the internship satisfies the federal Department of Labor’s (DOL) six-factor test, which has been adopted in California.

Is it illegal to have unpaid interns?

Unpaid internships are legal if the intern is the “primary beneficiary” of the arrangement. If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to minimum wage.

Is unpaid training legal in California?

Illegal Unpaid Training in California According to California employment law, all time your employer requires you to spend on the job, even if you are not yet “being productive” absolutely must be paid. They may even try to dock current employees of their normal pay due to mandatory training time.

Are interns eligible for unemployment in California?

Am I eligible for unemployment benefits? Most likely not, but it depends. As a paid intern, you are required to report your salary in your taxes. Depending on the income threshold for unemployment benefits in your state, you may be eligible.

Are interns considered employees in California?

Unless all of the following criteria are met, the intern is legally an employee, who must be paid the minimum wage, earn overtime, and receive all of the other protections guaranteed by state and federal employment laws: Interns cannot displace regular employees.

Should I accept an unpaid internship?

The NACE study that found unpaid internships negatively impact how long it takes a student to find a job after graduation, also found positive results. The study found that unpaid internships help confirm or reject interest in a career, help set career goals, and positively benefit networking.

Do you have to pay college interns?

Depending on the position, interns may or may not be paid. Unpaid internships are common, especially when the internship counts as academic credit toward graduation. There must also be a clear connection between the intern’s educational program and job responsibilities. That said, many employers do pay their interns.

Is it illegal to not pay someone for training?

Not paying your new hires during their training is nearly always illegal. Employees must be paid for all time they spent working, which generally includes training time.