Is Your Intern Program Legally Compliant?

Webinar (ET)

Nancy Gunzenhauser Popper, Member of the Firm, and Anastasia A. Regne, Associate, will co-present "Is Your Intern Program Legally Compliant?" a live webinar hosted by Lorman.

For many years, the United States Department of Labor (DOL) used the six-factor test when determining whether an employee was legally considered an unpaid intern, such that the intern would not be subject to the wage and hour requirements of the Fair Labor Standards Act. This changed at the beginning of 2018 when the DOL adopted the Second Circuit’s primary beneficiary test in a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience. Employers that fail to follow the requirements to ensure an intern may properly be treated as an unpaid intern, rather than an employee who is entitled to minimum wages and overtime, can face costly wage and hour litigation.

Ms. Popper and Ms. Regne will discuss the seven factors that make up the primary beneficiary test to help develop a lawful unpaid internship program and provide key considerations for all stages of the internship process.

Learning Objectives:

  • Describe the DOL’s primary beneficiary test for unpaid interns.
  • Discuss when interns are considered employees and need to be paid minimum wage and overtime in compliance with the Fair Labor Standards Act.
  • Explain why the DOL moved away from the six-factor test it has traditionally used for interns and adopted the primary beneficiary test instead.
  • Identify considerations for all stages of an internship program.

For more information and to register, please visit