Not exactly. California's
unpaid intern rules are exactly the same as Federal rules.
These rules are set up to differentiate an
unpaid intern from an employee, so that there are no expectations of payment nor employment.
Here are the rules:
Legal Requirements for Unpaid Internships
According to the U.S. Department of Labor and the California Department of Labor Standards Enforcement, there are certain standards that employers must follow when taking on unpaid interns. These requirements are intended to ensure that the intern is really receiving a valuable learning experience in exchange for free labor. Unless all of the following criteria are met, the intern is legally an employee, who must be paid the minimum wage, earn overtime, and receive all of the other protections guaranteed by state and federal employment laws:
- Interns cannot displace regular employees.
- Interns are not guaranteed a job at the end of the internship.
- The employer and the intern(s) understand that the interns are not entitled to wages during the internship period.
- Interns must receive training from the company, even if it somewhat impedes on the work of the organization.
- Interns must get hands-on experience with equipment and processes used in the industry.
- Interns' training must primarily benefit them, not the company.
Notice, unpaid interns can work, in fact they are required to have hands on experience with the equipment and processes used in the industry. But their training has to match them and not the company's needs.
So, per California and Federal law, an
unpaid accounting intern could not be answering the phones as this would be benefitting the company and not the intern. The company must be training the intern in its accounting practices.
However, it is completely different for paid interns. Paid interns are employees and their work can benefit the company.