The example the lawyer used to explain it to me is a railroad can have an unpaid intern who moves cars from place to place. However those places all need to be places where the car isn't needed. If the intern moves a car from a siding to an unloading dock and somebody then unloads the car that was useful work and the intern needs to be paid because it was useful work.
BTW, if you get an offer for an unpaid internship and do useful work for the company you should contact a lawyer after your employment and sue for back pay AFTER you get your letter of recommendation: it is any easy lawsuit to win (be sure to ask for lawyer fees) if you have any evidence.
The only industry I know of where interns get a decent deal is in software as companies are competing to try and get future employees, and those internships are only in the hot markets like SF
Any company worth their salt should not care about this. Any company that would be upset that someone sued because their employer was treating them poorly is by definition a shitty company.
Otherwise it would be no problem to start a software union cause that's just making sure the company doesn't treat you poorly right? Yet I have not met a manager who hasn't stated that they wouldn't look on someone being involved with a union as a red flsg
Like a letter of recommendation describing the work you did.
Its also illegal if the unpaid training position is directly tied to employment, which the “this is unpaid for three months” listing seems to directly indicate.
I suspect, if someone were actually hired on these terms and subsequently filed a wage and hour complaint, they’d be due back pay governed by minimum wage laws, damages for any violation of mandatory break and other working hours regulations applicable to non-exempt employees (since, regardless of the kind of work, a $0 salary is below the minimum for exemption), plus penalties and interest for payment being after the time required in law. And, on top of all that, the employer would pay additional fines to the government for the violations.