Now is the time of year when students and soon-to-be college graduates are applying and interviewing for summer internships. But before becoming interns, experts advise that University students become aware of their employer’s expectations and the terms they are agreeing to.
The legality of unpaid internships and the distinction between an internship and a part-time job has been a topic of investigation in Oregon and across the nation.
Employers need to meet six internship criteria under Oregon law, said Bob Estabrook, spokesperson for the Oregon Bureau of Labor and Industries. According to the law, the intern must be trained, the internship is for the benefit of the student or trainee, and the intern should not replace an employee who was laid off. There is no automatic advancement from the internship, and the intern is not entitled to a job or wages at the end of the training period.
“An internship is supposed to expose a student to all aspects of the industry,” Estabrook said. “If that is absent or questionable, we have to look at the other criteria.”
Many University students are willing to take an unpaid internship, without pay or college credit, for the career experience.
“The current economy is such that a lot of students are in a situation where they say, ‘I’ll do anything.’ It’s a situation that can lead to exploitation,” said Marcus Widenor, associate professor in the University’s Labor Education and Research Center.
Deb Chereck, director of the University Career Center, agreed.
“In some industries, it’s been so much a function of the industry that people are willing and eager to do these (unpaid) internships,” she said.
Bill Sherman, assistant director for employer relations at the Lundquist College of Business Career Services department, disagreed.
“This is a temporary phenomenon,” he said. “It has to do with the downturn of the economy. More and more companies are being turned on to the idea of internships, but can’t afford to pay interns.”
Oregon’s law states that an employee is rendering service to an employer, and a for-profit business cannot have a volunteer worker. Volunteers can work at non-profits and can do religious, educational or charitable jobs.
“Our priority is to raise awareness of the issue and educate employers and workers of the standards,” Estabrook said.
The labor bureau’s process is based on the complaints it receives. Investigations only take place after a complaint or wage claim has been filed.
Unpaid interns might not be filing complaints with the state, Estabrook said.
“These folks are trying to get a start in the industry but might not feel comfortable to rock the boat,” he said. “They might not be in a position to advocate for themselves.” 
Chereck has an idea to assist students who might not be able to afford to take an internship instead of a part-time job.
“I think the answer on our campus is to establish an internship scholarship fund that allows students with financial need to say ‘yes’ to an internship,” she said.
The issue of unpaid internships is not new, said Bil Morrill, career services coordinator at the School of Journalism and Communication.
“I would counsel students to take a look at what they’re getting out of the internship,” he said. “I wish all internships could be paid.”
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