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Unpaid Internships: Free Labor or Valuable Learning Experience?

Thu, March 13, 10:30am to 12:00pm, Sheraton Dallas Hotel, TBA

Abstract

Over the last decade, internships have become an integral part of a recommended curriculum, if not required. Current accounting accreditation standards require evidence of a curriculum where students “engage in experiential and active learning designed to improve skills and the application of knowledge.” Internships, particularly in public accounting and private firms, have long been thought to advance those objectives. This paper discusses the perceived advantages and disadvantages of internships. It then discusses current legal challenges involving unpaid internships. These challenges involve application of the Fair Labor Standards Act (“FLSA” or “Act”), which requires, with certain exceptions, that employees engaged in interstate commerce are paid minimum wage and time-and-a half for workweek hours over forty, and that employers maintain adequate records. Courts are divided on the standard to assess whether an unpaid intern is an employee subject to the Act, and an employer could face considerable liability given an incorrect evaluation. Even assuming that an unpaid internship falls within a safe harbor, is it ethical to ask students to work for no pay? Finally, the paper discusses what steps both schools and employers should take to limit liability and provide a meaningful internship experience for students.

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