With summer here many companies plan to bring on summer interns who are home from college. It’s not uncommon for interns to even approach you about working unpaid because they want the experience. Regardless of the intent, the Department of Labor (DOL) regulates the paying of interns in the way it regulates the pay of all employees.

In January 2018 the DOL adopted a primary-beneficiary test which replaced the previous six factor test for for-profit employers. This new test is more forgiving to employers as it looks at the totality of the circumstances, as opposed to requiring that each factor be met (as was the previous case).