In 2010, the Department of Labor implemented a six-part test to determine when companies must pay their interns. The new fact sheet didn’t actually change the underlying law but held that employers should consider an intern an employee—and thus pay them the minimum wage and overtime pay—unless they met all six conditions of the test, including that the internship mirror an educational experience and the internship is not a substitute for a paid employee.
The Trump administration officially abolished the six-part test and reverted to the “primary beneficiary test,” which allows for unpaid internships as long as the intern benefits more than the employer. Labor advocates slammed the move, saying it will allow employers to take advantage of younger workers. The DOL defended it by noting that four courts have already ruled against the Obama-era six-part test and arguing that the “primary beneficiary test” gives businesses more flexibility. The change, the agency said, would allow more businesses to offer internships and give more Americans the opportunity a chance to develop workplace skills.
Taken from Politico: https://www.politico.com/agenda/story/2018/01/12/trump-policy-medicaid-immigration-trade-000619
Ms. Carmen Iezzi MEZZERA
Executive Director
Association of Professional Schools of International Affairs
The Trump administration officially abolished the six-part test and reverted to the “primary beneficiary test,” which allows for unpaid internships as long as the intern benefits more than the employer. Labor advocates slammed the move, saying it will allow employers to take advantage of younger workers. The DOL defended it by noting that four courts have already ruled against the Obama-era six-part test and arguing that the “primary beneficiary test” gives businesses more flexibility. The change, the agency said, would allow more businesses to offer internships and give more Americans the opportunity a chance to develop workplace skills.
Taken from Politico: https://www.politico.com/agenda/story/2018/01/12/trump-policy-medicaid-immigration-trade-000619
Ms. Carmen Iezzi MEZZERA
Executive Director
Association of Professional Schools of International Affairs