During the current recession, the rise in unpaid internships has many experienced job seekers thinking about applying for internships opportunities.  But both job seekers and employers need to be careful about how unpaid internships are approached because if they fall short of the guidelines of the U.S. Department of Labor they could be illegal.  Below are six things every job seeker, recruiter and employer should know about unpaid internships:

1. Unpaid internships must provide instruction to the intern that is similar to what would be given at a vocational school or college.  For example, if a job seeker (i.e. recent law school graduate) is interning at a law firm, they should be learning specific things related to the practice of law that might be taught in law school.
2. The unpaid intern must directly benefit from the internship.  For example, an intern working at a law firm who spends the majority of his/her time writing legal documents may benefit from that work, while someone filing documents might not.
3. Interns cannot replace regular employees and must work under the close supervision of the employees. 
4. The employer cannot derive direct or immediate advantage from having an intern.  In other words a company cannot “hire” an intern and put them in a position that would save the company money or time.  This is also related to point “3” above. The intern must be the person who gets the most benefit from the arrangement.
5. The unpaid intern must not be guaranteed a job after the completion of the internship.
6. The employer must make it clear that they do not intend to pay the intern and that there is no guarantee of employment after the internship as noted above.