I work more than 40 hours a week at an internship doing a lot of office duties, but I am never paid. Are internships covered under the FLSA?

Yes, the Fair Labor Standards Act has certain rules that govern unpaid internships. The Department of Labor has issued fact sheets on internships stating clearly that in order for an intern to be unpaid the employer must derive no immediate advantage from the intern.

Unfortunately, many employers take advantage of interns and have them doing actual work duties, even working over 40 hours a week, all the while without paying them a dime. Just because you are willing to gain experience for free does not mean that you should be taken advantage of.

In order for an internship to be considered unpaid, six criteria must be met. Read about recent case in the news:

Blog: Intern Slavery reported at Hearst newspapers

Texas interns: Do you know if the FLSA applies to you?
Galvin B. Kennedy
Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.