INTERNSHIP MANUAL

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 C Steps to Developing Your Program
4
O
N
Identifying Your Business Needs
5
T Developing Intern Job Description
6
E
N
Selecting Your Intern
10
T Managing Your Intern
12
S Evaluating Your Intern
13
Human Resource Issues
15
Sample Forms
18

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INTERNSHIP MANUAL

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 STEPS TO DEVELOPING YOUR PROGRAM

STEP 1

IDENTIFYING YOUR BUSINESS NEEDS

STEP 2

DEVELOPING INTERN JOB DESCRIPTION

STEP 3

SELECTING YOUR INTERN

STEP 4

MANAGING YOUR INTERN

STEP 5

EVALUATING YOUR INTERN

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 STEP 1: IDENTIFYING YOUR BUSINESS NEEDS
The first step is to assess the internal needs of your company or organization. If you can say yes to these
questions, then your organization could use an intern.

1. Do you have difficulty finding qualified new employees?

• Interns learn specific skills that could make them valuable employees.
• Improve your hiring and training process by having interns.

2. Does your organization require skills or talents that are typically not learned in the classroom?
• Software or hardware skills
• Business writing
• Research or process skills
• Client or customer interaction
• Networking

3. Do you provide goods or services that set your business apart from the competition?
• Interns can focus on critical research.
• Interns provide new ideas and fresh perspective.

4. Could your employees use interns to help with research or special projects?
• Interns can be used on a full- or part-time basis.
• Interns can help year-round or for a certain time period.

5. Will existing resources, equipment and accommodations be sufficient for the intern?
• Do you have workspace available?
• Do you have available parking?
• Will you need to purchase software or equipment?

6. Do you have appropriate personnel to oversee interns?

• Depending upon the type and size of the business, interns may report directly to the
owner, manager or to another individual in the organization.
• For more than two interns, consider assigning an intern coordinator to manage
intern activities. Each intern will report to their individual supervisor or mentor.

If you answered YES, an intern would benefit your organization.

An internship allows students to learn about your organization and

how it works. If you need new employees, these individuals are ideal
because, following graduation, they can hit the ground running.

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 STEP 2: DEVELOPING INTERN JOB DESCRIPTIONS

Answering the following questions will help you prepare to hire an intern. Once you have responded to
these questions, you will be able to write your intern job description.

Every internship needs a job description. A good job description will attract the best candidates, outline
responsibilities of both intern and employer, and establish qualifications for the position.

1. What are some of the intern’s daily duties?

Every employee and intern must have a list of basic duties.

2. Is there a typical or special project the intern will be asked to work on?
Both the intern and employer can maximize the experience if the intern is given a specific assignment.

It is important for interns to understand and participate in the day-to-day operation of the organization.
They should be given tasks that teach them important processes and procedures and give them skills
valuable to employers.

When possible, the employer should create a “special project” that is relevant and can be accomplished
during the internship. Employers should seek projects, such as research projects or in-depth analysis, that
use the talent, skills and enthusiasm of the intern that regular employees simply don’t have time to tackle.

3. What skills or level of education will be required?

The employer needs to determine if the intern needs certain computer or analytical skills or if he/she needs
to have taken certain classes or course work. Each employer should determine the importance of grades,
course requirements and classification in school in relation to your specific business. Some employers have
specific requirements for grade point average and some require that the student have completed specific
courses. You may choose to accept only certain majors or grade classifications.

4. Who will supervise/mentor the intern?

Someone who can provide guidance and support must manage the intern. Interns will need regular
supervision.

5. How will the intern interact with other employees?

The internship should allow the intern to get an understanding of the organization’s operations. Interaction
enhances both the intern and the employee experience.

6. Will there be an orientation for the intern?

How will the intern be introduced to the processes and culture of your organization? Who will be responsible
for explaining important procedures to the intern? Setting appropriate expectations is important.

7. How will intern performance be evaluated?

An end-of-internship review is important for the student to learn from his/her experience. If the student is
receiving course credit for the internship, ask if his/her university requires a specific form for the review. A
sample evaluation form is available on page 14.

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8. How much time will the intern be expected to
work? You must set expectations. How many hours
per day or days per week will the intern work? Which
semester will the intern be working? When does the
work day begin and end? Ensure the intern’s work
schedule works within his/her class schedule.

9. Will the internship be a paid or unpaid position?

This must be determined by your organization.
Paying an intern is a sound investment in your future
workforce, but some students will intern for low
wages or a small stipend in exchange for valuable
experience or networking opportunities. See Fact
Sheet #71 for U.S. Department of Labor guidelines (pg
21-22).

10. Are you willing to offer academic credit?

Some schools require students to have an internship
in order to graduate. Students can earn class credit
for a required internship. The employer may be asked
to provide progress reports or evaluations for the
student to earn credit.

Ways in which an organization may utilize interns:

• Assisting more experienced employees
• Completing short-term assignments or special projects where hiring an additional full-time employee is
not practical
• Assisting during a peak period of work
• Acting as technical assistants on research teams conducting literature searches,
routine testing, sampling, mathematical calculations and flow charts

The requirements for internships vary from university to university and sometimes even
between different colleges within the university. Always be sure to verify the requirements
of the specific program and ensure the students are responsible for knowing the
requirements of their program.

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 TIPS FOR WRITING AN INTERN JOB DESCRIPTION

Your answers to the questions on the previous two pages provide you the information
needed to write the intern job description. Depending on your organization or industry,
more detail may be needed, but the best advice is to keep it simple and to the point. The
outline below and the template on the next page will help you get started.

PARTS OF THE JOB DESCRIPTION

1. Brief overview or background of the company

or organization

2. Description of the internship

3. Benefits to student (networking opportunities,

etc.)

4. Required skills, course work or level of education

5. Dress code

6. Time commitment required for internship

7. Paid or for academic credit

8. Procedure for submitting application – e-mail,

online application, mail or fax

Every intern, whether volunteer or paid, needs a job description.

A good job description describes the responsibilities of the intern
position, the qualifications, the system of support, accountability
and how to measure successful performance. All positions should
tie directly to the missions and objectives of the organization. A
thorough job description will help avoid confusion and maximize
your staff’s time and efforts.

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 INTERN JOB DESCRIPTION TEMPLATE

Company name:

Intern job title:

Brief overview of the company:

Internship description:

Educational requirements:

Skills desired:

Time period: (Fall / Spring / Summer / year round)

Work schedule: (Minimum number of hours or days per week)

Position is paid / unpaid

College credit available / not available

Procedure for submitting application: (Company contact information)

Deadline for applying:

Additional documents requested: (Resume, cover letter, references, etc.)

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 STEP 3: SELECTING YOUR INTERN

The selection process for interns should closely

resemble your company’s process for hiring
regular employees. The success of the internship
depends upon a good match between the
company and the intern.

EVALUATING STUDENT RESUMÉS AND

APPLICATIONS
1. Does the student possess the skills required for
the internship position?

2. Has the student completed relevant coursework

for this internship?

• Some internships will require completion of

certain courses.

3. Does the student have any previous work

experience?

• Many employers value the work ethic

demonstrated by having a part-time job.
• Some employers recognize significant
volunteer or community service as valuable work
experience.

4. What extracurricular activities is the student

involved in?
• Has the student displayed leadership qualities?

5. Has the student listed honors and awards?

6. Has the student listed class projects or

experience that is relevant to the internship?

After evaluating resumes and qualifications, it is important to interview candidates. This

can be done either via phone interview or face-to-face interview. It is a critical step that
will help confirm the selection process and provides a valuable interviewing experience
for the potential intern.
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 SAMPLE INTERVIEW QUESTIONS

The following questions will help you determine if the intern candidate would be a good fit at your
organization.

1. Describe your background and qualifications.

2. Why did you choose your current major?

3. Are you familiar with (particular software)?

4. What experience do you have that is related to this internship?

5. What experience do you hope to gain in an internship?

6. Why are you interested in an internship with our company or organization?

7. Do you hope to obtain academic credit for your internship?

8. When are you available to start an internship, and for how long?

9. How many hours per week are you available for an internship?

10. What days of the week are you available for an internship?

11. Give an example of when you worked on a team project.

12. Describe an instance when you performed a difficult task.

13. Tell me about a time when your ethics were challenged.

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 STEP 4: MANAGING AN INTERN

A formal intern orientation, mentoring system and evaluation process are vital parts of an internship. Plans
for these should be in place before you hire your first intern.

FORMAL ORIENTATION
An orientation is a necessary step to ensure a meaningful and successful internship. An orientation provides
the opportunity for:

1. The employer to reinforce expectations

2. The intern to ask questions
3. The goals of the internship to be clearly established
4. The process for problem solving during the period of the internship to be discussed
5. The methods for intern evaluation to be outlined

MENTOR, PROJECT TEAMS, NETWORKS

Supervision is an important component of any internship. The use of mentors or a project team can provide
the structure and guidance that an intern requires particularly in the early stages of the internship. The
supervision is valuable to both the employer and the intern.

Mentors must commit sufficient time to share their knowledge, teach skills and assist the intern in becoming
part of the team. Additionally, mentors can help train, evaluate, correct or redirect inappropriate actions
and be a resource for the intern. A mentor or project team can help the intern begin building a professional
network. This could include setting up time to meet other interns or colleagues within the company or
working with a peer company to create opportunities for interns to meet each other.

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 STEP 5: EVALUATING YOUR INTERN

During the orientation process, the employer will have reviewed the job description, established
expectations and workplace behavior and discussed the best way to communicate and solve problems
that may arise. How an intern is monitored and evaluated will be unique to each company or organization.
Establishing the framework for communication throughout the process is important for a successful
internship.

PERFORMANCE EVALUATION
For many employers, this is an informal process and is rooted in good communication. Feedback begins the
first day and continues throughout the length of the internship. This also is a positive way to conclude the
internship for the student. The supervisor, mentor or project team should review what is working and what
changes or improvements need to be made by discussing the following:

• The intern’s performance based on the job description

• Whether additional training is required
• To what extend expectations were met
• Positive feedback on what is working and ways to correct problems

For Intern:
• What were the intern’s best skills?
• What areas can the intern improve?
• Did the intern adapt to the employer culture?

INTERN EVALUATION OF EMPLOYER

The exit interview or final evaluation provides important feedback to the employer and intern. Feedback can
determine ways to improve internship procedures.

Interns may be asked:

• What new skills did you learn?
• Did you receive consistent feedback throughout the period of the internship?
• Was the mentor or project team of help during the period of the internship?
• Do you view your company as a potential employer upon graduation?
• Would you recommend this experience to your friends?
• What would you add or change to improve the experience?

EMPLOYER EVALUATION OF INTERNSHIP

Following the conclusion of an internship, the team involved with the internship program should meet to
review “exit surveys” and evaluate the internship. Questions could include:

• Did the internship benefit the company or organization?

• What changes will improve the internship?
• Were sufficient resources available for the intern (space, equipment, compensation and supervision)?
• Are there other areas of the company where internships could be developed?

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 SAMPLE EVALUATION FORM

Name: __________________________________________________________________

Position: ________________________________________________________________

Semester of Service: ______________________________________________________

Days / Hours: ____________________________________________________________

Total Hours Worked: _______________________________________________________

Relations with others Attendance

_____ Works exceptionally well with others _____ Regular
_____ Works well with others _____ Irregular
_____ Gets along satisfactorily with others
Technical Skills
_____ Has some difficulty working with others
_____ Excellent
_____ Works poorly with others
_____ Above average
Judgment _____ Average
_____ Excellent in making decisions _____ Below average
_____ Above average in making decisions _____ Poor
_____ Usually makes the right decisions
Professional appearance and behavior
_____ Often uses poor judgment
_____ Excellent
_____ Consistently uses poor judgment
_____ Above average
Ability to learn _____ Average
_____ Learns very quickly _____ Below average
_____ Learns quickly _____ Poor
_____ Average learning speed
Overall Performance
_____ Slow to learn
_____ Excellent
_____ Very slow to learn
_____ Above average
Attitude _____ Average
_____ Extremely interested and independent _____ Below average
_____ Very interested and independent _____ Poor
_____ Average interest and independence
Strengths: ________________________________
_____ Below average interest and independence
__________________________________________
_____ Definitely not interested and independent
__________________________________________
Quality of work __________________________________________
_____ Excellent
_____ Above average Supervisor:
_____ Average __________________________________________
_____ Below average Intern:
_____ Poor __________________________________________

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 HUMAN RESOURCE ISSUES

In the process of implementing an internship program, your company should evaluate whether or not
an employment relationship will be created between your company and the intern. Properly classifying
individuals as interns or employees is critical. An employer that incorrectly classifies an individual as an
intern rather than an employee may face serious consequences, including liability for discrimination,
harassment, back taxes, interest, penalties, benefits and workers’ compensation premiums.

The rights and the obligations of the intern and the company may not be limited to those set out in your
internship program. Rights and obligations may arise out of state or federal employment laws including, but
not limited to, Oklahoma’s Workers’ Compensation Act, Title VII of the Civil Rights Act of 1964, the Americans
with Disabilities Act and the Age Discrimination in Employment Act. Your existing company policies and
benefits may also create certain rights and obligations.

The determination of whether an intern is an employee for the purpose of the numerous state and federal
employment laws is a legal and factual question. Although many state and federal laws define employee in
similar ways, a determination that an intern is not an employee under one law does not necessarily mean
the intern is not an employee under another law. Whether an intern is an employee will depend generally
upon two things:

1. How does the state or federal law define employment for the purpose of the rights and obligations set
forth in the law1?

2. What are the specific facts and circumstances of the relationship between your business and the intern?

Whether interns are employees is an important question that should be

evaluated with the assistance of legal counsel or a human resources expert.

COMPENSATION
In planning to allocate financial resources for your internship program, compensation must be considered.
In some industries, unpaid internships are quite common. In others, internships can be very well-paid.
In each particular case, the employer needs to look at what is appropriate or standard for the particular
industry. If you are not able to budget for an hourly wage, you may consider offering a monthly or semester-
based stipend to the student, providing a housing allowance, or reimbursing mileage, parking or other
expenses.

Just like full-time employees, interns can be motivated by a variety of factors. Identifying the appropriate
benefits can ensure higher productivity and performance. Some are motivated by financial compensation.
Some want experience. Others want opportunity for advancement or academic credit. The two most
important questions an employer will face are:

1. Paid or unpaid
2. Academic credit or non-credit

1. See Oklahoma and Federal Employment Law Manual, Survival Guide #7, (The State Chamber 2001) which contains information
and criteria used under state and federal laws to determine who is an employee.
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PAID VS. UNPAID
As previously mentioned, the compensation you offer to an intern is influenced by many factors, such as
your industry, your workforce needs and other company-specific factors. Research and experience have
shown that finding the correct level of compensation will directly impact the performance and experience
for the intern and employer.

You should also look at the federal and state regulations related to interns. Your decisions on how to handle
compensation should be discussed with a human resources or legal professional. Below is a brief overview
of the federal guidelines.

Fair Labor Standards Act (FLSA) compliance

• “Who Benefits” – FLSA requires employers to pay interns at least minimum wage plus overtime if the
company benefits at all from interns conducting “productive work.”
• If the intern is promised a full-time position at the end of the internship, the internship then becomes a
probationary period and, at this point, the intern is treated like an employee and should be compensated as
such.
• If the intern is replacing a regular employee, it may be an indication that the intern is being treated like an
employee.
• Some companies prefer to pay interns a stipend or to make a donation to the school or chapter to thank
them for the intern’s services. These may be viable alternatives in some cases; however, the company must
still comply with FLSA requirements. If the company has determined it is required to compensate the interns
according to FLSA, then the stipend must be equivalent to an hourly rate of at least the minimum wage for
all hours worked. A donation would not be appropriate in this situation because no remuneration would go
to the student. If a company feels that no direct compensation of the student is required under FLSA, then a
stipend or donation of any amount can also be given.

CREDIT OR NON-CREDIT

This decision is best left up to the intern. Let the

student make his/her own arrangements unless you
are working directly with the university or college.
Some students must complete an internship as part
of graduation requirements. Also, different schools
require different types of reporting and have various
time requirements.

The intern will advise you of his/her professor or

advisor’s requirements. These requirements vary
greatly between universities, departments and even
professors within a single department.

As an employer, you should not make dramatic

changes to your expectations or requirements of
the intern, but you should be flexible in order to
accommodate the wide variety of situations related to
earning credit.
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SOCIAL MEDIA
As social media continues to become an integrated part of everyday life, companies have instituted social
media policies to ensure employees are representing themselves and the company in a positive light
when interacting online. Interns should be expected to follow the same guidelines and policies as full-time
employees.

INTERNATIONAL STUDENTS
International students can bring new perspectives to your organization as interns. They bring insight from
their own cultures and are eager to experience the professional world in the United States. International
students are often top students and can be outstanding prospects. There are several types of visas granted
to international students, most of which allow the student to work off-campus. In most instances, the
student should know what needs to be done before he/she can accept an internship. The Office of Global
Affairs will be able to advise a UCO student regarding his/her work authorization status and particular type
of student visa needed.

INTELLECTUAL PROPERTY
In some cases, interns may work on projects where intellectual property rights are a concern for the
organization. Typically, if new employees would be asked to sign a nondisclosure agreement, an intern may
be asked to do so as well.

BENEFITS AND INSURANCE

Since internships are short-term in nature, benefits are not typically offered to interns. Most students will
already have insurance coverage through their colleges or universities or will be covered under their parents’
policies.

DISMISSAL OF AN INTERN
In many cases, the period of the internship is brief, making dismissal unnecessary. However, it is best to be
prepared and to take steps that are consistent with your company or organization’s employment policies.
When in doubt, contact your attorney with any questions or for further information.

Dismissal of interns should only occur in cases of major misconduct (theft, assault, use of controlled
substances in the workplace, etc.) or instances of significant willful violation of organization policy after prior
instruction.

Interns, for the most part, are young people who may not have the same level of maturity and judgment as
those in your regular workforce. Accordingly, there should be a high level of patience for their adjustment to
the workplace during the internship.

Summer internships are a very brief period of time and students should be given a fair opportunity to
become part of your organizational culture. The intern’s supervisor has a responsibility for giving clear,
accurate direction and following up with corrective feedback if the work is unsatisfactory. At the conclusion
of the internship, there is no obligation to return the student for another internship or extend an offer of
regular employment.

Contemplated dismissal of an intern should be reviewed in advance by a high level of management. The
supervisor recommending dismissal must be able to clearly articulate in writing the reason(s) for dismissal.

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 SAMPLE FORMS

Sample Internship Waiver

I certify I am offering my services to <the company> on a volunteer basis.

I understand I will receive no pay, benefits or other privileges of employment
of any kind for my services. I further understand I am not eligible for worker’s
compensation benefits if I am injured or become ill as a result of my
volunteer work, and I am not eligible for unemployment compensation
benefits when my volunteer assignment ends. I also certify I have not been
promised and have no expectation I will receive a paid position as a result of
my volunteer work.

I certify I am a bona fide student at________________________________

___ (institution) and I intend the proposed volunteer work be counted as
academic course credit toward a recognized degree plan at this institution.
However, I understand I must complete the work in a satisfactory manner
and meet all requirements of the course to receive credit.

Signature_______________________________________________________
Date____________________________________________________________

Intern Contact Information Form

Name:___________________________________________________
Address: ________________________________________________
Phone Number: __________________________________________
E-Mail: _________________________________________________
Emergency Contact:_______________________________________
Emergency Phone Number:__________________________________
Expected Graduation Date:__________________________________
Hours available for internship:
_________________ Monday
_________________ Tuesday
_________________ Wednesday
_________________ Thursday
_________________ Friday

Optional Requirements:
Transcript
Class schedule
Copy of any special certifications

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 SAMPLE FORMS

Sample Confidentiality Agreement

This Confidentiality Agreement (“this Agreement”) is made and entered into this <date>, between
<insert company name> and First Name Last Name (“Student”), but <insert company name> and
Student may sometimes be referred to as “the Parties”, or as a “Party” when used in the singular.

W I T N E S S E T H:
1. As used in this Agreement, CONFIDENTIAL INFORMATION shall mean all information owned,
controlled or disseminated to Student by <insert company name>, including, but not limited to,
correspondence (internal and otherwise), data, compilations, surveys, statistical analyses, summaries,
reports, raw data, figures, results and such other forms of information that Student would not have
come in contact with but for Student observing one or more special projects under the supervision of
<insert company name>.

2. By Student’s signature below, Student represents and warrants to <insert company name> that
Student is of lawful age to contract, has read and fully understands this Agreement or has sought
competent legal advice or has waived the seeking of such advice, and is fully aware of the rights and
obligations of the Parties under this Agreement.

3. Student has agreed to observe only one or more special projects under the supervision of
<insert company name>. Student understands, and agrees, that in the course of observing in
conjunction with such special projects that Student will come in contact with CONFIDENTIAL
INFORMATION and that <insert company name> expects Student to treat such CONFIDENTIAL
INFORMATION as privileged, confidential, proprietary, sensitive, and deserving of the highest degree
of care so as not to divulge, or cause to be divulged, under any circumstances, such CONFIDENTIAL
INFORMATION to any unauthorized third party.

4. Student also understands, and agrees, that at all times (even after Student has completed Student’s
observation) the CONFIDENTIAL INFORMATION will remain the exclusive property of <insert company
name>, and that Student will not make use of, either directly or indirectly, or disclose, publish, or
otherwise reveal any CONFIDENTIAL INFORMATION which Student has received from <insert company
name> to anyone, whether an individual or a business entity, by any means whatsoever, except
with express prior written authorization from <insert company name>, which authorization <insert
company name> may refuse for any reason or for no reason.

5. Student shall use reasonable efforts to prevent disclosure of the CONFIDENTIAL INFORMATION to any
third party. Student shall immediately report to <insert company name> any disclosure (known to or by
Student) to an unauthorized third party of CONFIDENTIAL INFORMATION, and to assist <insert company
name> in a reasonable manner in the recovery of such disclosed CONFIDENTIAL INFORMATION.

6. Student understands, and agrees, that any violation of this Agreement by Student will cause
immediate and irreparable injury to <insert company name>, and that, in addition to any remedies
available at law, <insert company name> also shall be entitled to seek and obtain equitable relief from
a court of competent jurisdiction. Student hereby waives any objection or defense to <insert company
name> seeking such equitable relief. Such equitable relief may include, but is not limited to, temporary
restraining orders, preliminary injunctions and permanent injunctions against
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 SAMPLE FORMS

Student and/or any third party to whom a disclosure has been made. It is further understood and agreed
by Student that no failure or delay by <insert company name> in exercising any right, power or privilege
under this Agreement shall operate as a waiver of <insert company name>’s rights under this Agreement.

7. In the event Student is requested or required (by oral question, interrogatories, requests for
information or documents, subpoena, civil investigative demand or similar process) to disclose
any CONFIDENTIAL INFORMATION supplied to Student in the course of Student’s dealings with
<insert company name>, it is agreed that Student will provide <insert company name> with
prompt notice of such request.

8. If any provision of this Agreement is determined to be invalid or unenforceable in whole or

in part, it shall be deemed not to affect or impair the validity of the remaining provisions. The
Parties acknowledge that they fully understand this Agreement and that all covenants and
provisions are reasonable and valid, and all defenses to the strict enforcement of this Agreement
are hereby waived.

9. This Agreement will be governed, interpreted and enforced according to the laws of the State
of Oklahoma, without regard to principles of conflicts of laws.

10. If a lawsuit is brought against Student for a willful violation of this Agreement, and <insert
company name> prevails in the lawsuit, in addition to all other damages that <insert company
name> is awarded, <insert company name> shall also be entitled to an award of its reasonable
attorney fees, all court costs, and the costs of prosecuting its civil lawsuit.

11. It is understood, and agreed, that Student will not be paid by <insert company name> for
rendering any service or turning over any work product to <insert company name> in conjunction
with the special projects which Student will be observing.

12. This is the full and complete agreement and understanding between the Parties. No oral
discussions, negotiations, representations, promises or understandings will survive the execution
of this Agreement. This Agreement may not be modified without the express, written agreement
of the Parties.

ACCEPTED AND AGREED:

STUDENT
By:_____________________________________________________________________________
Name:__________________________________________________________________________
Interns full name

COMPANY
By:_____________________________________________________________________________
Director – Human Resources
Date:___________________________________________________________________________

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Department of Labor Wage and Hour Division

Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act

This fact sheet provides general information to help determine whether interns must be paid the minimum
wage and overtime under the Fair Labor Standards Act for the services that they provide to “for-profit”
private sector employers.

Background

The Fair Labor Standards Act (FLSA) defines the term “employ” very broadly as including to “suffer or
permit to work.” Covered and non-exempt individuals who are “suffered or permitted” to work must be
compensated under the law for the services they perform for an employer. Internships in the “for-profit”
private sector will most often be viewed as employment, unless the test described below relating to trainees
is met. Interns in the “for-profit” private sector who qualify as employees rather than trainees typically
must be paid at least the minimum wage and overtime compensation for hours worked over forty in a
workweek.*

The Test For Unpaid Interns

There are some circumstances under which individuals who participate in “for-profit” private sector
internships or training programs may do so without compensation. The Supreme Court has held that the
term “suffer or permit to work” cannot be interpreted so as to make a person whose work serves only his or
her own interest an employee of another who provides aid or instruction. This may apply to interns who
receive training for their own educational benefit if the training meets certain criteria. The determination
of whether an internship or training program meets this exclusion depends upon all of the facts and
circumstances of each such program.

The following six criteria must be applied when making this determination:

The internship, even though it includes actual operation of the facilities of the employer, is similar to
training which would be given in an educational environment;
The internship experience is for the benefit of the intern;
The intern does not displace regular employees, but works under close supervision of existing staff;
The employer that provides the training derives no immediate advantage from the activities of the intern;
and on occasion its operations may actually be impeded;
The intern is not necessarily entitled to a job at the conclusion of the internship; and
The employer and the intern understand that the intern is not entitled to wages for the time spent in the
internship.

If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the
Act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition
of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad. Some
of the most commonly discussed factors for “for-profit” private sector internship programs are considered
below.

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Similar To An Education Environment And The Primary Beneficiary Of The Activity

In general, the more an internship program is structured around a classroom or academic experience as
opposed to the employer’s actual operations, the more likely the internship will be viewed as an extension
of the individual’s educational experience (this often occurs where a college or university exercises oversight
over the internship program and provides educational credit). The more the internship provides the
individual with skills that can be used in multiple employment settings, as opposed to skills particular to
one employer’s operation, the more likely the intern would be viewed as receiving training. Under these
circumstances the intern does not perform the routine work of the business on a regular and recurring
basis, and the business is not dependent upon the work of the intern. On the other hand, if the interns
are engaged in the operations of the employer or are performing productive work (for example, filing,
performing other clerical work, or assisting customers), then the fact that they may be receiving some
benefits in the form of a new skill or improved work habits will not exclude them from the FLSA’s minimum
wage and overtime requirements because the employer benefits from the interns’ work.

Displacement And Supervision Issues

If an employer uses interns as substitutes for regular workers or to augment its existing workforce during
specific time periods, these interns should be paid at least the minimum wage and overtime compensation
for hours worked over forty in a workweek. If the employer would have hired additional employees or
required existing staff to work additional hours had the interns not performed the work, then the interns
will be viewed as employees and entitled compensation under the FLSA. Conversely, if the employer is
providing job shadowing opportunities that allow an intern to learn certain functions under the close and
constant supervision of regular employees, but the intern performs no or minimal work, the activity is more
likely to be viewed as a bona fide education experience. On the other hand, if the intern receives the same
level of supervision as the employer’s regular workforce, this would suggest an employment relationship,
rather than training.

Job Entitlement

The internship should be of a fixed duration, established prior to the outset of the internship. Further,
unpaid internships generally should not be used by the employer as a trial period for individuals seeking
employment at the conclusion of the internship period. If an intern is placed with the employer for a trial
period with the expectation that he or she will then be hired on a permanent basis, that individual generally
would be considered an employee under the FLSA.

Where to Obtain Additional Information

This publication is for general information and is not to be considered in the same light as official statements
of position contained in the regulations.

For additional information, visit our Wage and Hour Division Website: [Link] and/
or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE
(1-866-487-9243).
* The FLSA makes a special exception under certain circumstances for individuals who volunteer to perform services for a state
or local government agency and for individuals who volunteer for humanitarian purposes for private non-profit food banks.
WHD also recognizes an exception for individuals who volunteer their time, freely and without anticipation of compensation for
religious, charitable, civic, or humanitarian purposes to non-profit organizations. Unpaid internships in the public sector and for
non-profit charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible.
WHD is reviewing the need for additional guidance on internships in the public and non-profit sectors.
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Logging In/Registering
• Go to [Link]
• Select sign up for account and click employer
• If you already have an account,you may log in and search for University of Central Oklahoma to Re-
quest Access
• Once you are approved you will be able to post positions and review applicants.

Post Positions
• Click on “Post a Job” from your home dashboard, or clicking on “Jobs” in the left hand navication bar
and clicking “Create Job” in the top right hand corner
• You will be asked to complete 4 tabs in the posting. Choose “Save” on the bottom to create and re-
view your job.
• Positions will be reviewed by the Career Development Center staff and you will get a notice once ap-
proved

Register for Events

• Click on “Fairs” in the left navigation bar
• Use the filters and search bar to narrow down your search results
• Click directly on the name of the career fair to be taken to that Career Fair’s Details pag

CONTACT US

If you are developing a new internship program, we are here to provide you with guidance and
assistance. Our Employer Relations staff can help with:
• Developing an internship position description
• Determining compensation
• Promoting your opportunity

UCO Career Development Center

careers@[Link] | 405-974-3346
[Link] | [Link]
100 N. University Dr., Nigh University Center
Room 338
Hours: Monday-Friday 8:00am - 5:00pm

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