Rather, an internship is considered training when it provides trainee skills that can be used in multiple environments, unlike skills specific to an employer`s work environment. Summer is approaching, as is the time for summer internships that college students rely on to gain valuable work experience. Employers might want to offer these internships without pay, but is it legal? There are things to keep in mind. Courts have described the DOL primary beneficiary test as flexible and no factors are determinative. “As a result, whether an intern or student is an employee under the FLSA necessarily depends on the particular circumstances of each case,” says its internship fact sheet. A new Department of Labor (DOL) test to determine when interns are employees who must be paid under the Fair Labor Standards Act (FLSA) allows employers to question whether it is possible to re-emerge unpaid internships. Apprentices or students are not entitled to employment at the end of the training. In order to ensure that the intern has no job expectations, the DOL recommends that an employer establish a written agreement with the intern stating that the intern has no job expectation and should not accept a job guarantee after the internship. While an employer must make it clear that an intern is not entitled to employment at the end of the internship, employers should not be prevented from offering jobs to interns. Companies that rely on unpaid internships should review all program-related documents — such as guidelines, advertisements and recruitment materials — to use the language of the seven factors in the main test, Paul said. Offitt proposed that employers consider the following steps when deciding to make their internship program unpaid: when developing an unpaid internship program and related guidelines, employers should ensure that they comply with federal, state, and local laws that govern whether their program participants are actually interns, said Camille Olson, an attorney with Seyfarth Shaw in Chicago. Los Angeles and San Francisco. .