Answer: It depends on whether the worker is considered an employee.
The U.S. Department of Labor (DOL) has adopted the primary beneficiary test to determine whether a worker is an employee or an intern. If the worker primarily benefits from the employment relationship, they can be classified as an intern, and they don’t have to be paid. If the employer primarily benefits, the worker must be classified as an employee and must be paid minimum wage and overtime under the Fair Labor Standards Act.
