Summer is around the corner, and many employers are gearing up to welcome new interns. Internships can be a win-win situation, providing valuable work experience for interns and fresh perspectives and energy for companies. However, one common question that often arises is: “Do we need to pay summer interns?” The answer isn’t always straightforward and hinges on various factors determined by federal law.
Understanding the “Primary Beneficiary Test”
The U.S. Department of Labor (DOL) utilizes the “primary beneficiary test” to distinguish between an employee, who must be compensated under federal wage and hour law, and an unpaid intern, who is exempt from these requirements. This determination is crucial and centers on who benefits more from the arrangement. If the intern is the primary beneficiary, then they can be considered a non-employee and thus not entitled to pay. Conversely, if the employer gains the most, the intern must be classified as an employee and be paid at least the minimum wage, along with overtime under the Fair Labor Standards Act.
To navigate this distinction, employers should evaluate several key factors:
- Educational Value: Does the internship provide training akin to an educational setting?
- Academic Integration: Is the internship connected to the intern’s formal education program, possibly through academic credit?
- Academic Commitments: Does the internship align with the academic calendar to accommodate the intern’s schedule?
- Duration: Is the internship’s length appropriately tied to the educational benefit it provides?
- Work Displacement: Does the intern complement rather than displace the work of paid employees while gaining significant educational benefits?
- Compensation Expectation: Is there a clear understanding that the internship does not guarantee compensation?
- Employment Entitlement: Do both parties understand that the internship does not entitle the intern to a subsequent job offer?
The DOL emphasizes the flexibility of the primary beneficiary test, indicating that no single factor is decisive. However, employers should be cautious. If interns are effectively saving the company money, or if they’re not earning academic credit, careful consideration should be given to their classification as employees or non-employees.
The Safer Route: When in Doubt, Pay
Given the nuanced nature of these guidelines, erring on the side of compensating interns as employees may be the safer choice. Misclassification can lead to significant legal and financial repercussions. Moreover, adherence to state laws, which may introduce additional criteria, is imperative.
Should Interns Be Offered Insurance Benefits?
Another pertinent question is whether interns are entitled to insurance benefits. While specific benefit requirements can vary based on state laws and company policies, generally, temporary interns (especially those classified as unpaid) may not be eligible for the same benefits as full-time employees, including health insurance. However, for paid interns, especially those working a duration that aligns with full-time employment criteria, employers might consider extending certain benefits. This approach not only ensures compliance with any applicable laws but also enhances the attractiveness of the internship program.
In conclusion, the decision to pay interns and offer benefits requires a careful evaluation of federal and state laws, along with the specific circumstances of the internship. By prioritizing the educational and professional development of interns, employers can foster a productive, compliant, and beneficial internship experience for all parties involved.
