Written by: Don Benson, Esq.
Every summer, many employers take on “interns” and ask whether the intern must be paid. If interns, trainees and students are “employees” of a “for-profit” employer under the Fair Labor Standards Act, then they must be paid minimum wage and overtime.
Courts have used the “primary beneficiary test” to determine whether an intern or student is, in fact, an employee under the FLSA. In short, this