6.4.25
By Molly Wood, SPHR, MAOL Senior HR Consultant 
As the summer months approach, many students and recent graduates are on the hunt for valuable work experience. If you are considering an unpaid internship or employing people who are under 18, be sure you know the California legislative guidelines
What is an Internship?
According to the California Division of Labor Standards Enforcement (DLSE), an internship is a training program that benefits the intern, not just the employer. To qualify as an unpaid internship, the position must meet the six-factor test:
- Similar to vocational school training
- Benefits the intern, not just the employer
- Intern doesn’t replace regular employees and works under close supervision
- Employer doesn’t gain an immediate advantage from the intern’s work
- Intern isn’t entitled to a job at the end of the internship
- Both parties understand that the intern won’t receive wages for their work
Hiring Minors
In California, minors need a work permit to legally work, even if they’re working outside of school hours. To obtain a permit, the minor needs to complete an application, which includes a form called “Statement of Intent to Employ Minor and Request for Work Permit” (B1-1), with signatures from the minor, their parent or guardian, and the employer. Minors are also subject to specific labor laws, including restrictions on working hours, occupations, and wages.
The Bottom Line
Before hiring an intern or minor, make sure you’re following the rules. The DLSE has cracked down on companies that misclassify employees as interns to avoid paying them. Obtain the necessary work permits for minors and comply with all applicable labor laws.
For more information, contact the experts at SDEA (858-505-0024). We can help you navigate the complex world of summer employment and ensure that your company is in compliance with all regulations. We are HeRe with you.
