Pursuant to an April 7, 2010, opinion letter, the DLSE has taken the position that it will look at the following six criteria to assess whether an individual should be classified as an unpaid intern:
∙ On-site training is given similar to vocational school.
∙ Training is given for the benefit of the student or trainee.
∙ Interns do not displace regular employees and work under close supervision.
∙ The employer does not receive an immediate advantage from interns’ activities, and, on occasion, the employer’s operations may be impeded.
∙ Interns are not necessarily entitled to a job at the end of the training period.
∙ Interns and the employer understand that the interns are not entitled to wages for time spent in training.
The opinion letter departs from the DLSE’s more expansive 11-factor test, which included the additional factors used under federal law. However, the difficulty of satisfying the original six-factor test remains.