Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

64 | Massachusetts Wage & Hour Peculiarities, 2022 ed. © 2022 Seyfarth Shaw LLP Massachusetts Law Federal Law Interns/Trainees Two requirements: 1. The employer must be a charitable, educational, or religious institution 2. The six-factor test now abandoned by the DOL then applies: a. Training is similar to that which would be given at a vocational school or academic institution b. Training is for the benefit of the trainees or students c. Regular employees are not displaced d. Employer derives no advantage e. Trainees or students not necessarily entitled to a job at the conclusion of the training period f. Understanding that the trainees or students are not entitled to wages Seven-factor “primary beneficiary” test, but no single factor is determinative: 1. Whether or not expectation of compensation 2. Training is similar to that which would be given in an educational environment 3. Whether tied to the intern’s formal education program 4. Whether the internship accommodates the intern’s academic commitments 5. Whether internship’s duration is limited 6. Whether the intern’s work complements, rather than displaces, the work of paid employees 7. No entitlement to a paid job at the conclusion of the internship