Editorial: Take a stand against unpaid internships

Editorial Board

For most of us college students, our future careers are an uncertain prospect. Whether we will get our dream job or end up toiling away in a position we despise is largely still up in the air. It only makes sense that we would immediately jump at any opportunity help our search for desirable employment.

An internship is an opportunity that almost all of us are required to complete, in order to succeed in whichever field we plan on entering. Fliers and posters adorn our beloved campus offering part-time and full-time internships for college credit, pay or simple experience. Emails flood our inboxes weekly, describing  opportunities to intern with companies nationwide.

What many of those fliers, and their online counterparts, will not tell you is that the “unpaid” internships may not be all they appear — namely, legal.

When evaluating an unpaid internship, there is more to look at than whether or not you think the experience would look good on your resume. Despite what common knowledge may tell you, for-profit employers are not allowed to exploit the hard work of individuals and not pay for it simply because they are designated as interns.

The Fair Labor Standards Act ensures that employees must be paid a minimum wage here in the United States. In addition, the act defines the term “employee” rather broadly. This means that businesses classified as for-profit organizations who benefit extensively from the work of their interns are very likely doing so illegally.

The criteria for what positions constitute an “internship,” and are therefore able to be performed without pay, are defined by the U.S. Department of Labor as follows:

First, the internship, although performed at the employer’s facilities, is similar to training which would be given in an educational setting.

Second, the internship is for the experience and educational benefit of the intern.

Third, the intern does not displace regular employees and works under close supervision of existing staff.

Fourth, the employer does not receive an immediate advantage from the intern’s activities, and may even have its operations impeded.

Fifth, the intern is not guaranteed a job at the conclusion of the internship.

Sixth, both the employer and intern understand that there will not be wages given for the internship.

If – and only if – all six of these conditions are met can an employer legally withhold payment from an intern.

It seems fairly obvious, however, that there are a great many unpaid internships out there which do not fit the description above. Unfortunately for those of us soon to be entering the workforce, there is little incentive for employers or potential interns to blow the whistle on illegal internships.

The reason employers might cheat the system is obvious: they derive profit from the labor of the interns they don’t have to pay.

It seems surprising, then, that interns themselves would not call out their would-be employers for their failure to abide by the law. But interns understandably feel anxious in speaking up, for fear that they will lose their internship or be given poor evaluations if they try to upset the status-quo.

Failure to police the companies which many of us hope to one day work for ultimately benefits no one. If we want to create a better, more fair job market, we, as the employees of tomorrow, need to hold companies accountable for their actions.

The cycle of illegal unpaid internships can be broken if those of us who would fill those positions demand the fair pay we rightfully deserve.