Courts have identified the following seven factors as part of the test: 2 In short, this test allows courts to examine the “economic reality” of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship. Interns and students, however, may not be “employees” under the FLSA-in which case the FLSA does not require compensation for their work.Ĭourts have used the “primary beneficiary test” to determine whether an intern or student is, in fact, an employee under the FLSA. The FLSA requires “for-profit” employers to pay employees for their work. This fact sheet provides general information to help determine whether interns and students working for “for-profit” employers are entitled to minimum wages and overtime pay under the Fair Labor Standards Act (FLSA).
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