Free labor labeled as internship is still labor. Unless the arrangement primarily benefits the intern in a genuine training sense, minimum wage and overtime apply from day one.
What California Law Says
California scrutinizes internships under a primary beneficiary style analysis: the experience must resemble education, not displace paid workers, and confer no immediate operational advantage on the employer. Fail the test and the intern is an employee owed minimum wage, overtime, and wage statements.
How to Fight Back, Step by Step
- Inventory your actual tasks: production work, client deliverables, and filling staffing gaps all point to employment.
- Compare your role to paid employees doing similar work.
- Calculate wages for all hours at minimum wage or better, plus overtime.
- Demand payment — many companies pay quickly to avoid attention.
- File with the Labor Commissioner within the standard limitations windows.
Common Questions
I received school credit. Does that make it legal?
Credit is one factor, not a shield — an internship built on real production work fails regardless of transcript notations.
I agreed in writing to work unpaid. Enforceable?
No. Minimum wage rights cannot be waived by agreement in California.
Get the free California Wage Theft Recovery Kit — demand letters, Labor Commissioner claim worksheets, penalty calculators, and AI prompts to customize every document to your facts. Free, no email wall, at wagetheftkit.com. All five Justice Foundation kits are at justiceprompt.com. Educational use only — not legal advice.
California Wage Theft Recovery System 
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