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Can unpaid internships lead to wage violations?

On Behalf of | Oct 15, 2024 | Employee Classification

Unpaid internships can provide valuable experience, but they also raise concerns about possible wage violations. In California, strict rules exist to ensure that internships are educational and do not take advantage of workers. 

Understanding these rules is important for employees considering an unpaid internship.

Requirements for unpaid internships

Under California law, unpaid internships must meet specific criteria to be legal. The internship must provide training similar to that given in an educational environment, and it must primarily benefit the intern, not the employer. 

Interns cannot displace regular employees and must work under close supervision. If these conditions are not met, the intern may be entitled to receive wages for their work.

The risk of wage violations

When employers treat interns like regular employees but do not pay them, it can lead to wage violations. This may include having interns perform work that directly benefits the company without offering proper compensation. In such cases, the internship may violate California wage and hour laws. If an internship does not meet the legal requirements, the employer may need to pay the intern at least the minimum wage, along with overtime pay, if applicable.

Protections for interns

Interns in California have the right to report wage violations without fear of retaliation. If an employer fails to meet the standards for an unpaid internship, interns can file a complaint with the California Labor Commissioner. This can help them recover unpaid wages and hold employers accountable. It is essential for interns to know their rights and ensure that the internship they accept meets all legal requirements.

Ensuring fair treatment for interns

Unpaid internships can lead to wage violations if employers do not follow California’s strict rules. Understanding the requirements for a legal unpaid internship can help protect interns from exploitation and ensure they receive fair treatment. Employees considering an unpaid internship should be aware of their rights and speak up if those rights are violated.

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