Interns, Trainees, and Volunteers Under the FLSA - Practical Law THE Journal

Guidance on how the Fair Labor Standards Act (FLSA) applies to interns, trainees, and volunteers, including when interns and trainees must be classified as employees entitled to minimum wage and overtime pay, and under what circumstances private sector employees may volunteer time and services. This article discusses FLSA issues associated with internship and training programs and employee volunteer activities, including:

• The primary beneficiary test used by the Department of Labor (DOL) and federal courts to determine the employee status of interns and trainees for minimum pay purposes.
• The compensability of volunteer activities by employees of private, for-profit employers.
• The potential consequences of misclassifying employees as unpaid interns, trainees, or volunteers.

https://www.reuters.com/practical-law-the-journal/litigation/interns-trainees-volunteers-under-flsa-2024-06-01/