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How to Structure an Unpaid Internship or Training Program

Author: Michael Cardman, XpertHR Legal Editor

Unless certain strict criteria are met, all interns or trainees must be paid the minimum wage and overtime for any hours worked beyond 40 hours in a workweek. An employer that wishes to avoid paying its interns or trainees can take the following steps to avoid having the US Department of Labor determine that they are actually employees under the Fair Labor Standards Act (FLSA).