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Unpaid Internship Requirements

Please note the Department of Labor’s requirements for hiring unpaid interns. The following six criteria must be met to allow unpaid internships:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
2. The internship experience is for the benefit of the intern, not necessarily for the company;
3. The intern does not displace regular employees, but works under close supervision of existing staff;
4. The employer that provides the training derives no immediate advantage from the activities of the intern;  and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

Fact Sheet #71, issued by the U.S. Department of Labor, specifically states: Under these circumstances the intern does not perform the routine work of the business on a regular and recurring basis, and the business is not dependent upon the work of the intern.  On the other hand, if the interns are engaged in the operations of the employer or are performing productive work (for example, filing, performing other clerical work, or assisting customers), then the fact that they may be receiving some benefits in the form of a new skill or improved work habits will not exclude them from the FLSA’s minimum wage and overtime requirements because the employer benefits from the interns’ work. It is the policy of BYU’s Theatre and Media Arts Department to investigate and reject any postings for unpaid internships with for-profit organizations that clearly provide employer benefit. If your opportunity does not meet the above requirements for an unpaid internship, it still could be a good opportunity for a student. We can still post it, however, it will not be listed as an internship. Rather, it will be listed as a volunteer experience and credit will not be offered.