Summer Interns - An Employer Compliance Checklist

Summer Interns Employer Compliance Checklist:

Minimum Wage, Paid Sick Leave, Workers’ Comp & Key Legal Reminders

By: Regina Dyerly, SHRBP, PHR | Partner / Chief Operating Officer (COO)

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Summer interns can be a great asset, but they also come with important compliance considerations, especially as more states extend benefits and protections to temporary workers.

Here are a few reminders to help keep your program on track:

Wage & Hour Rules

Interns must be paid at least minimum wage unless they qualify under the Department of Labor’s strict “primary beneficiary” test for unpaid internships. When in doubt, treat them as hourly employees.

Paid Sick Leave Eligibility

In states with Paid Sick Leave laws, like Colorado, California, New York, and Washington, interns are often entitled to accrue and use PSL, even if they are seasonal, part-time, or only with your organization for a few months.

Workers’ Comp Coverage

Most states require that interns be covered under the employer’s workers’ compensation insurance, regardless of whether they are paid or unpaid. This is a common compliance blind spot for summer programs.

Anti-Discrimination Protections

Interns, especially unpaid ones, are still protected under most workplace policies and applicable laws. Ensure they receive appropriate onboarding, policy acknowledgments, and access to reporting channels.

Tax Withholding and Form I-9

All interns must complete Form I-9 to verify employment eligibility. Paid interns should also complete a W-4, and applicable tax withholdings must be processed. Misclassifying interns as independent contractors can result in penalties and back pay liability.

Youth Labor Law Considerations

If your program includes interns under age 18, be aware of federal and state youth labor laws that restrict work hours, permissible job duties, and break requirements.

Confidentiality and NDAs

If interns will access proprietary systems, client data, or internal processes, consider having them sign a non-disclosure or confidentiality agreement during onboarding. These should be reviewed for state-specific compliance, especially in Colorado.

Colorado Compliance Note: Under C.R.S. § 24-34-402.5, employers may not restrict interns from engaging in lawful off-duty activities, such as volunteering for a political campaign, unless the restriction is tied to a legitimate business need or avoids a conflict of interest.

Colorado also limits the use of NDAs to silence reports of unlawful workplace conduct. Agreements should not prevent interns from reporting or discussing harassment, discrimination, or safety concerns.

Orientation and Exit Feedback

Provide a structured onboarding experience that includes policies, workplace expectations, and a point of contact for support. At the end of the internship, consider conducting an exit interview or survey to collect feedback and improve future programs.

Intern-to-Hire Transitions

If there’s a chance your intern may transition to a regular role, make sure you clearly document their original internship start and end dates. When hiring them into a new position, treat it as a standard onboarding process, including benefit eligibility evaluations, background checks, and any required compliance forms.

Even short-term roles deserve thoughtful planning, proper documentation, and compliance oversight. With the right structure in place, your intern program can stay legally sound and leave a positive, lasting impression on future talent.

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Summer Interns Employer Compliance Checklist:

Minimum Wage, Paid Sick Leave, Workers’ Comp & Key Legal Reminders