Is Your Unpaid Internship Illegal?

So you’ve been offered a great opportunity – an internship with a company that does exactly what you’re interested in. Only problem? They won’t pay you. These opportunities can be the foot in the door you need. But they can also be an excuse to exploit a young person unaware of their rights. Here are some questions to ask yourself to determine whether your unpaid internship is illegal:

• Are you being given training similar to that you would receive in a vocational school? In other words, are you learning something you can use in your future career? Or are you stuffing envelopes and filing? The internship has to give you training. Your tasks should build on each other so you develop more skills, similar to the way each chapter of a textbook builds on the other.

• Is the training for your benefit? Who is getting more benefit – the company or you? It should be you.

• Are you being closely supervised? You shouldn’t be working on your own or displace a regular employee.

• Does the employer receive an immediate advantage from your work? If they can make money off what you’re doing, or if you’re saving them from having to pay another employee, you probably have to be paid.

• Are you guaranteed a job at the end of your training period? If so, you’re probably a trainee that needs to be paid.

• Was it made clear that you wouldn’t be paid at the time you were hired, or was this something that was sprung on you after you started? If you didn’t understand that you weren’t entitled to wages for the time you were training, you’re probably entitled to be paid.

Many employers get internships wrong. The consequences to the employer are harsh. They could have to pay your wages, any overtime, liquidated damages that equal the wages they failed to pay, and your attorney’s fees. The most important thing to do before accepting an internship is to get a clear understanding of your job duties, whether you’ll be paid, and what the employer expects of you. If it doesn’t sound like you’ll be in a great learning experience, then turn it down. It’s your time, and time is money. Make sure you get your money’s worth out of your internship.

If you think your employer is violating the law, contact an employment attorney in your state and find out about your rights.

Donna’s tips:

a. If your internship isn’t what you thought it would be, and the opportunities promised don’t pan out, you can come after them two years, sometimes three, for the unpaid wages. That means you can wait to see if you get that job offer before you sue.

b. If your employer is getting this wrong, you can sue on your own behalf and on behalf of all the other interns who didn’t get paid. That means some wage and hour lawyer is rubbing their hands together with glee when you contact them. It also means you might have more leverage than you think to negotiate payment.

c. If you’re asked to sign a contract waiving your right to be paid, contact an employment lawyer in your state to review it. It may be unenforceable, but why take chances? Be sure before you sign.