Unpaid Internships in Ohio: Know Your Rights

While an unpaid internship in Ohio may seem like a step forward in your budding career, in reality, these “opportunities” often violate federal wage and hour laws. The Fair Labor Standards Act (FLSA) sets standards for the wages that must be paid to employees for hours worked. For an unpaid internship in Ohio to be legal, it must meet specific criteria.

What Makes an Unpaid Internship Legal in Ohio?

An unpaid internship is a way for students to gain relevant work experience and learn about a prospective career or industry by capitalizing on an uncompensated educational opportunity. Under the FLSA, however, many unpaid internships in Ohio are against federal law. How are unpaid internships legal? Seven specific criteria must be met.

Seven FLSA Criteria for Unpaid Internships

Unpaid internships cannot have a traditional employment structure, where the intern is an employee of the company. The internship must primarily benefit the intern, not the employer. For example, the experience should give the intern skills that can be used in multiple workplaces, not just the employer’s facility.

If you’re asking, “Are unpaid internships legal in Ohio?” the answer to all of the following questions must be yes:

1. Does the internship provide training similar to what would be given in an educational environment?
2. Is the internship connected to the student’s or intern’s coursework? (Will the intern receive academic credit?)
3. Does the internship accommodate the participant’s academic responsibilities and school schedule?
4. Is the length of the internship limited only to the period during which the intern is receiving beneficial education?
5. Is the intern working under the close supervision of existing staff rather than displacing current employees?
6. Is the intern aware that he or she is not necessarily entitled to a job at the conclusion of the internship? (Is it a true internship, not a “tryout” or “probationary period”?)
7. Does both the intern and the employer clearly understand that the intern is not entitled to wages for hours spent at the facility?

These criteria are collectively known as the “primary beneficiary test.” The U.S. Department of Labor uses it to determine whether an intern can technically be considered an employee. If the intern is an employee, he or she is entitled to minimum wage and overtime pay, and an unpaid internship would be unlawful.

Do Unpaid Interns Receive Overtime Hour Rights?

No. At lawful unpaid internships, interns are not owed any compensation for hours worked and do not have overtime rights because they are not employees. Paid interns, however, are owed overtime pay. If there is any promise of compensation or overtime, the intern is an employee and subject to all of the rights that an employee in Ohio has.

What to Do if You Think Your Unpaid Internship Is Illegal

If you think you are involved in an illegal, unpaid internship in Ohio, contact Scott & Winters Law Firm, LLC for a free consultation with a knowledgeable employment law attorney. Bring as much information about the unpaid internship to your meeting as possible. 

We can review your case at no cost to let you know if we believe your unpaid internship is considered employment or if your legal rights have been violated. If so, we may offer to represent you in a lawsuit against the employer for exploiting you for unpaid labor. Call (216) 446-8886 today to learn more.