Navigating California Unpaid Internship Laws: A Creative Journey for Students

Chiffon, neon pink and horrible haircuts were all the rage, at least according to the fashion experts of the early 1990s. Yet, today’s ’90s college students like myself insist on sporting our best grunge flannel tops, denim shorts, and doc martens. In addition to the questionable fashion trends, today’s student is also questioning the concept of an unpaid internship. Unpaid internships have been popular with students, especially during the summer months, because they provide students with valuable experience, are required by a number of college and graduate school programs, and allow students to connect with mentors who can often then help them find that coveted paying job after graduation. However, what was once an acceptable form of work experience is now being criminalized.

California unpaid internship laws have become a hot topic in the state as interns are protected by the state similar to employees. The issue has garnered national attention as well with high profile companies like NBC and Condé Nast being accused of offering discriminatory unpaid internships that benefit a narrow group of affluent individuals. As a result many companies have ended their internship programs to reduce their risk. Smaller companies that are tied to larger corporations may also decide to discontinue their programs in order to cut costs.

So what can a student do if they are interested in pursuing an unpaid internship? Can working for free help a student’s career if the company is legally offering an unpaid internship? Unfortunately, yesterday’s generation of students is now experiencing the hardest job market in 70 years and in an age of rising tuition costs, now more than ever it would seem a free summer internship could offer bright students a way to gain skills necessary to compete in the job market. However, it is becoming harder to find summer jobs especially at a time when the California legislature is increasing the minimum wage from $10.00 per hour ($20,800 a year for a full time employee) to $15.00 per hour ($31,200 a year for a full time employee). Which brings us back to the question, are students who can accept unpaid internships being favored over students who cannot afford to work for free?

Internships offer students the chance to shine in a way that a professor or college program may not. By getting involved in an unpaid internship where they can participate in an organization’s work and progress in a way that a college class may not, students can show potential employers how they can shine under real work circumstances. On the one hand, a student who is working for free may be more valuable to a business because they are less likely to require an employer to cut into their bottom line by requiring payment. On the other hand, an unpaid internship may only be available to those students who are well-off enough to afford not to be paid.

There are numerous instances where a student struggling to pay tuition may need to work to pay for school and a mortgage or car payment so going to school for free and getting paid through student loans may not be a realistic option in today’s economy. A successful model of school being in exchange for tuition may be offered at The University of Washington. However, many students are already under pressure from their parents to perform, why would they want to struggle for one year of free education?

Unpaid internships are legal in California, but they are not easy to find and are not for everyone. The California unpaid internship laws require that an unpaid internship meet certain requirements. These criteria include: While unpaid internships have been offered for years, companies have recently had a difficult time navigating these requirements and making sure their internships meet California’s guidelines. In 2014, California amended its guidelines for unpaid internships; many companies, however, were slow to address their liability. As a result, many companies with former interns have found that their former interns are now taking legal action to hold the companies accountable for unpaid wages and damages.

Until more potential employers understand their obligations to their interns, there are still options out there for students to find good internships that allow them to learn and grow under the law. As such, if you are a student who has been employed by a company as an unpaid intern, you can comment on this blog and add your opinion or questions about internships, analysis of the law, or other concerns you have. It might be fun to see if others have had the same experiences as you have and it could really help others who are considering starting an internship program. It’s open to all students and a place to get a little creative and find solutions to common problems.

For more information on internship regulations, you can visit the U.S. Department of Labor’s guidelines on internships.