Non-Discrimination Information - Paid and Unpaid Internships

Non-Discrimination and Equal Opportunity

The University of Texas at Austin is committed to an educational and working environment that provides equal opportunity to all members of the University community. In accordance with federal and state law, the University prohibits unlawful discrimination, including harassment, on the basis of race, color, religion, national origin, gender, including sexual harassment, age, disability, citizenship, and veteran status. Discrimination on the basis of sexual orientation, gender identity, or gender expression is also prohibited pursuant to University policy.

The following person has been designated to handle inquiries regarding the non-discrimination policies, including but not limited to serving as the University's Title VI/IX/ADA/ADAAA and 504 Coordinator:

Dr. Sherri L. Sanders, Associate Vice President for Inclusion and Equity
Division of Diversity & Community Engagement
NOA 4.302
The University of Texas at Austin Office for Inclusion and Equity
101 East 27th Street, Stop A9400
Austin, TX 78712-1541

Paid and Unpaid Internships

It is the responsibility of the employer to determine whether an internship should be paid or unpaid, based on labor laws. Employers should be familiar with labor laws in order to determine eligibility based on the organization's specific internship opportunity. For more information about unpaid internships and labor law, please review the U.S. Department of Labor's Employment and Training Guidance Letter. Get Adobe Reader

The following provides insight into unpaid internships and current labor laws, however the College of Education requires all employers to research the topic thoroughly to find the best option for their individual organization.

The U.S. Department of Labor’s Wage and Hour Division (WHD) has developed a six part test for unpaid internships:

  1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
  2. The internship experience is for the benefit of the intern; 
  3. The intern does not displace regular employees, but works under close supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
  6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act's minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA's definition of "employ" is very broad.

The information above is an excerpt from the U.S. Department of Labor's "Fact Sheet #71: Internship Programs Under The FLSA"

For additional information, please review the National Association of Colleges and Employers' position statement on unpaid internships.

College of Education Career Services is neither responsible for, nor has control of, the content of any external Web sites, nor does it endorse any commercial products, services or Web sites. Remember - always research any job opportunity thoroughly.