Summer Intern Rights in WV and Ohio: When Must Your Employer Pay You?
Every summer, thousands of college students and recent graduates begin internships across West Virginia and Ohio. While internships can provide valuable professional experience, many interns do not realize that they have the same fundamental workplace rights as regular employees — and that not all unpaid internships are legal. If your internship primarily benefits the employer rather than providing you with genuine educational training, you may be entitled to minimum wage and overtime pay.
At Klie Law Offices, we help employees across West Virginia and Canton, Ohio enforce their workplace rights, including the rights of interns who have been misclassified. This guide explains when employers must pay interns and what rights you have during your internship.
The Legal Framework: When Must Interns Be Paid?
The DOL’s “Primary Beneficiary” Test
The U.S. Department of Labor uses a seven-factor “primary beneficiary” test to determine whether an internship at a for-profit company must be paid. No single factor is determinative; instead, courts and the DOL evaluate the totality of the circumstances. The seven factors are:
First, whether both the intern and the employer understand that there is no expectation of compensation. An agreement to work without pay is a starting point, but it does not automatically make an unpaid internship legal. Second, whether the internship provides training similar to what would be provided in an educational environment, including clinical or hands-on training. Third, whether the internship is tied to formal education through integrated coursework or academic credit.
Fourth, whether the internship accommodates the intern’s academic commitments by corresponding to the academic calendar. Fifth, whether the internship’s duration is limited to the period in which the internship provides beneficial learning. Sixth, whether the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits. And seventh, whether both the intern and the employer understand that the internship is conducted without entitlement to a paid job at its conclusion.
The core question is simple: who is the primary beneficiary of the arrangement? If the intern is the primary beneficiary because they are receiving genuine training and education, the internship may be unpaid. If the employer is the primary beneficiary because they are getting productive work from the intern, the intern must be paid at least minimum wage.
Red Flags That Your Internship Should Be Paid
Several common practices suggest that an internship is really disguised employment that should be compensated. If you are performing the same tasks as paid employees, such as answering phones, filing paperwork, making copies, running errands, or entering data without any educational component, this suggests the employer is using you as free labor.
If you received little or no training and were expected to be productive from your first day, that is another red flag. Genuine educational internships involve structured training, mentorship, and progressive skill development. If your internship has no connection to your field of study or academic program and you are not receiving academic credit, the educational component is weak. And if you are working full-time hours over an extended period, the arrangement looks more like employment than a temporary educational experience.
Minimum Wage and Overtime Requirements
If your internship should be classified as employment, you are entitled to the applicable minimum wage and overtime pay. In West Virginia, the state minimum wage is $8.75 per hour, which is higher than the federal minimum of $7.25. In Ohio, the minimum wage is $11.00 per hour as of January 1, 2026, one of the higher state minimums in the region.
Under the Fair Labor Standards Act, non-exempt employees (including misclassified interns) are entitled to overtime pay at 1.5 times their regular rate for all hours worked over 40 in a workweek. If you were working 45 hours per week as an “unpaid intern” for a for-profit company, you could be owed significant back pay.
Workplace Protections That Apply to All Interns
Regardless of whether your internship is paid or unpaid, you are protected by several important workplace laws.
Anti-Discrimination and Harassment Protections
Both paid and unpaid interns are protected from workplace discrimination based on race, sex, age, religion, national origin, disability, and other protected characteristics under both federal and state law. If you experience sexual harassment during your internship, you have the same right to file a complaint as any other employee.
Workplace Safety
OSHA protections apply to all workers in a workplace, including interns. If you are asked to perform tasks that are unsafe, you have the right to refuse and to report safety violations without fear of retaliation.
Retaliation Protections
If you report illegal activity, safety violations, or discrimination during your internship, you are protected from employer retaliation. An employer cannot fire, demote, or punish you for exercising your legal rights.
What to Do If You Believe Your Internship Is Illegal
If you believe your employer is misclassifying you as an unpaid intern when you should be paid, take the following steps. Document your daily tasks and hours worked. Keep a personal log of what you do each day, how many hours you work, and what training or educational activities (if any) are provided. Save all communications about your internship, including offer letters, emails, and any written descriptions of your role and responsibilities.
Review your internship agreement carefully. Look for language about the educational nature of the internship, academic credit requirements, and expectations about compensation. Then consult with an employment law attorney who can evaluate your situation and advise you on your options. You may be able to recover back wages, overtime pay, and in some cases additional damages.
Special Rules for Government and Nonprofit Internships
The primary beneficiary test described above applies specifically to internships at for-profit companies. Government agencies and nonprofit organizations have broader latitude to offer unpaid internships and volunteer positions. However, even in the nonprofit and government context, if an intern is performing work that would otherwise be done by a paid employee with minimal educational benefit, questions about proper classification may arise.
Seasonal Worker Rights
Many summer positions in West Virginia and Ohio are not internships at all but seasonal employment. Workers at amusement parks, restaurants, hotels, landscaping companies, and other seasonal businesses are employees entitled to minimum wage, overtime (in most cases), and all other workplace protections. Some employers attempt to classify seasonal workers as interns to avoid paying wages, which is illegal.
If you were hired for a summer job that was described as an “internship” but involves no educational component and consists entirely of productive work, you are likely an employee who should be paid. The rules for seasonal workers provide important protections that every summer employee should understand.
Frequently Asked Questions
Can an internship be unpaid if I’m receiving college credit?
Receiving academic credit is one factor in the primary beneficiary test, but it does not automatically make an unpaid internship legal. All seven factors are considered together.
What if I signed an agreement saying I wouldn’t be paid?
An agreement to work without pay does not waive your right to minimum wage if the arrangement is actually employment. You cannot contract away your FLSA rights.
How far back can I claim unpaid wages?
Under the FLSA, you can recover up to two years of unpaid wages (three years if the violation was willful). Under Ohio law, different time limits may apply.
Will filing a claim affect my career prospects?
It is illegal for an employer to retaliate against you for filing a wage claim. However, this is an understandable concern, and an attorney can discuss strategies to protect your interests.
Contact Klie Law Offices
If you believe your summer internship should be paid, or if you are experiencing discrimination, harassment, or other workplace violations during your internship, the employment law attorneys at Klie Law Offices can help. We serve clients from offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.
