Carnegie Mellon University

Young woman working on robot

January 31, 2018

Update to Unpaid Internship Guidance

On January 5, 2018, the U.S. Department of Labor adopted the "Primary Beneficiary Test" to determine whether an intern is an employee under the Fair Labor Standards Act. The Primary Beneficiary Test replaced the "Trainee/Learner Test" that had been in place since 2010.

Internships that satisfy the Primary Beneficiary Test may be unpaid. Interns who do not satisfy the Primary Beneficiary Test must be paid at least a minimum wage.

See Unpaid Internship Guidance for more information on how to apply the Primary Beneficiary Test when hiring an intern.