Protect Your Rights In A California Unpaid Internship

California Employment Law Attorney On Legality Of Unpaid Internships In Los Angeles

Although internship arrangements can be a good start to a promising career, some employers treat interns like free labor, giving no regard to the intern’s legal rights. In some cases, interns also suffer harassment in the workplace and discrimination at work. Several interns have successfully filed California underpaid internship lawsuits against employers for making them perform the same job as full-time employees without equal pay or benefits. Unpaid internship labor laws regulate how employers can utilize interns as well as govern what can make unpaid internships illegal.

Whether you are considering a California unpaid internship or are already an unpaid intern, it is vital to know what your employer’s obligations are when accepting your labor without paying for it. Our California employment law attorneys have several decades of experience that we use when evaluating your case, including several years representing employers. Now that we represent workers, we know what your employer will say to limit liability how to counter those claims. Call an employment law attorney from Kesluk, Silverstein, Jacob & Morrison, P.C. to talk about your California unpaid internship today.

Federal Employment Laws on Unpaid Internships

On the federal level, the Department of Labor created unpaid internship rules that all states must follow. The Primary Beneficiary Test outlines the Department of Labor’s seven requirements for determining an internship’s legality. The employer must ensure that:

1. The intern knows that the position is unpaid.
2. Training is similar to training received at an educational institution.
3. The internship is tied and integrated to the student’s educational program or degree.
4. The intern only works during periods that do not conflict with academic commitments or the academic calendar.
5. The internship only lasts for a period of time in which it imparts beneficial learning upon the intern.
6. The intern’s work does not replace existing employees’ work while providing significant educational benefits.
7. The intern understands that this internship does not provide entitlement to a job.

Failing to follow these standards may make unpaid internships illegal. If your unpaid internship in Los Angeles fails to meet these standards, talk to a California employment law attorney about your best legal options.

California Unpaid Internship Laws

A common concern both the federal and California government have with unpaid internships is that the internship must be of benefit to the intern, with the employer gaining no benefit or even suffering some minor loss of revenue or resources on behalf of the intern. An employment law attorney in Los Angeles can help you determine whether a California unpaid internship violated federal or state labor laws.