• The New School's Career Services and Experiential Opportunities department follows the internship criteria outlined by the  Fair Labor Standards Act.

    Courts have used the “primary beneficiary test” to determine whether an intern or student is, in fact, an employee under the FLSA. In short, this test allows courts to examine the “economic reality” of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship. Courts have identified the following seven factors as part of the test:

    1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee — and vice versa
    2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions
    3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit
    4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar
    5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning
    6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern
    7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship

    Courts have described the “primary beneficiary test” as a flexible test, and no single factor is determinative. Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case.

  • Contact Us

    Undergraduate Career Services
    68 Fifth Avenue, 2nd floor
    New York, NY 10011
    careerservices@newschool.edu
    Phone: 212.229.1324

    Center for Graduate Career and Professional Development
    72 Fifth Avenue, 5th floor
    New York, NY 10011
    gradcareers@newschool.edu
    Phone: 212.229.5400 x1518

  • Take The Next Step

Submit your application

Undergraduates

To apply to any of our undergraduate programs (except the Bachelor's Program for Adults and Transfer Students and Parsons Associate of Applied Science programs) complete and submit the Common App online.

Undergraduate Adult Learners

To apply to any of our Bachelor's Program for Adults and Transfer Students and Parsons Associate of Applied Science programs, complete and submit the New School Online Application.

Graduates

To apply to any of our Master's, Doctoral, Professional Studies Diploma, and Graduate Certificate programs, complete and submit the New School Online Application.

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