Teacher field guide
Social law
Internship, or someone’s unpaid job?
When is an unpaid internship really a job that should be paid?
Internships open doors, but unpaid ones favor people who can afford to work for free, and some “internships” are just unpaid jobs. Knowing the questions the law asks helps students ages 16–24 evaluate an offer before they give it a summer.
What students make
Sorted chart plus 3–4 sentences
The civic idea
Words that do the work.
- Primary beneficiary testPrueba del beneficiario principal
The Department of Labor’s test asking whether the intern or the company mainly benefits from an unpaid internship at a for-profit employer.
The studio gets its inbox answered all summer. Rafa asks what he gets beyond “exposure.”
- Fair Labor Standards ActLey de Normas Justas de Trabajo
The federal law setting minimum wage and overtime for covered employees.
If Rafa counts as an employee under the FLSA, he must be paid at least minimum wage.
- DisplacementDesplazamiento
When an intern does work that a paid employee would otherwise do.
Rafa’s role covers the inbox a paid assistant ran last year.
- Academic creditCrédito académico
School credit tied to a placement; one factor in the test, not an automatic exemption.
The studio says credit makes it legal. Credit is one factor out of seven.
- Opportunity costCosto de oportunidad
What you give up by choosing one option, like paid hours.
Gia points out the internship spends Rafa’s time, not hers, including shifts at the family shop.
Sige, I want the experience. I also work at the shop. So what would I actually learn, and who’s teaching me?
The evidence
Handle the case file.
Every artifact comes with a question. The captions are the lesson.
POSTPosted on the campus job board, April
Studio internship listing
EMAILSent Tuesday, 11:20 a.m.
Studio reply: “credit makes it legal”
CHATTuesday lunch
Gia and Rafa talking it through
Use it in your tools
Take it into class.
Share it, schedule it or edit it in the apps your school already uses.
In the real world
This isn’t just a story.
Real reporting, clips and research on the same question. The crew is fictional; these are not. Each link opens the original in a new tab.
The workshop
45 minutes, block by block.
5 min
The offer
TeacherRead the studio listing: unpaid, run the customer inbox all summer, college credit, “great exposure.”
StudentsUnderline what you would do each day.
CheckStudents find that duties are mostly inbox work.
10 min
The seven factors
TeacherRead DOL Fact Sheet 71’s factors aloud in plain language.
StudentsRewrite each factor as a question Rafa could ask.
CheckSeven questions, one per factor.
10 min
Apply them
TeacherProvide the studio’s answers to some questions; leave others blank.
StudentsMark each factor: points toward training, toward job, or unknown.
CheckStudents leave unknowns as unknowns.
10 min
The life around the offer
TeacherShare Gia’s point about time, rent and the family shop.
StudentsList Rafa’s practical costs.
CheckCosts include lost paid hours and transport.
7 min
Write to the studio
TeacherModel a respectful clarifying email.
StudentsDraft Rafa’s email asking for the learning plan and supervision.
CheckEmail asks specific questions without accusing.
3 min
Exit
TeacherAsk: which single fact would most change your view?
StudentsWrite it.
CheckAnswer names a factor like displacement or training.
Differentiated routes
One case. Seven ways in.
Each route changes what students read, make and prove, not only how long it takes.
Middle school
Grades 6–8: Sort the internship’s daily tasks into “learning” and “working,” then tell a partner whether it looks more like school or a job.
- Sources
- The listing and a kid-friendly summary of the seven factors.
- Product
- Sorted chart plus 3–4 sentences
- Raises the rigor
- Name one question Rafa should ask before saying yes.
Supports
- Task cards to sort
- Frames: “Most of the tasks are __, so __.”
- Vocabulary: intern, employee, wage, training
- Discussion first
Success looks like
- Sorts tasks accurately
- Gives a reason
- Asks a useful question
- Doesn’t declare it illegal
High school
Grades 9–10: Turn the seven DOL factors into an internship questions sheet and fill it in with the studio’s answers.
- Sources
- Listing, studio answers and DOL Fact Sheet 71.
- Product
- Questions sheet plus 150-word summary
- Raises the rigor
- Explain why no single factor, including credit, decides the answer.
Supports
- Questions-sheet template
- Model question for factor 1
Success looks like
- All seven factors turned into clear questions
- Answers marked supported or unknown
- Summary explains the flexible test
- No legal verdict
High school
Grades 11–12: Write Rafa a decision memo weighing the offer’s benefits, costs and legal questions.
- Sources
- All case sources including DOL Fact Sheet 71.
- Product
- Memo, 400–500 words
- Raises the rigor
- Include opportunity cost and note that nonprofit and public-sector rules may differ from for-profit ones.
Supports
- Memo template
- Cost calculator for lost paid hours
Success looks like
- Accurately applies factors
- Quantifies opportunity cost
- Notes limits of the federal test
- Leaves the choice with Rafa
High school
Honors: Argue whether unpaid internships widen inequality.
- Sources
- Case materials plus one teacher-selected article on internship access.
- Product
- Argument, 600–700 words
- Raises the rigor
- Address the argument that unpaid internships create opportunities that wouldn’t otherwise exist.
Supports
- Claim/counterclaim chart
- Stakeholder list
Success looks like
- Qualified thesis
- Uses evidence beyond the case
- Engages the employer perspective
- Proposes a policy or practice
Pre-AP
Pre-AP: Closely read the internship listing and the studio’s reply, and write an evidence-based paragraph on whether the listing describes training or work.
- Sources
- The listing, the studio email and DOL Fact Sheet 71.
- Product
- Annotated listing plus paragraph (150–200 words)
- Raises the rigor
- Add a question that tests the studio’s claim about credit.
Supports
- Word-level annotation: learning words / work words
- Question stems: “What would a week actually look like?”
- Paragraph frame
Success looks like
- Precise annotation
- Claim supported by listing wording
- Uses one DOL factor accurately
- Asks a testable question
AP English Language
AP Lang: Rhetorically analyze the internship listing and write a revised, honest version.
- Sources
- The listing.
- Product
- Analysis (about 400 words) plus revised listing
- Raises the rigor
- Explain how vague prestige language persuades and what honest specificity would cost the employer.
Supports
- Analysis stems
- Revision checklist: duties, hours, supervision, pay
Success looks like
- Thesis on persuasive strategy
- Analyzes specific phrases
- Revision is specific and honest
- Commentary explains effect
AP U.S. Government
AP Gov: Concept application: Congress passed the Fair Labor Standards Act, and the Department of Labor interprets it through guidance like Fact Sheet 71. Explain bureaucratic discretion and how it affects Rafa’s offer.
- Sources
- DOL Fact Sheet 71 and a short explainer on the federal bureaucracy.
- Product
- Concept-application response, about 300 words
- Raises the rigor
- Explain how courts also shaped the primary-beneficiary test, without naming cases you aren’t sure of.
Supports
- Diagram: Congress → FLSA → DOL Wage and Hour Division → guidance → employers
- Vocabulary: discretion, rule-making, compliance
Success looks like
- Accurate description of the bureaucracy’s role
- Explains discretion
- Applies to Rafa’s offer
- Uses correct terms
AP Seminar
AP Seminar: Individual written argument on “Do unpaid internships widen inequality?”, using a stimulus packet.
- Sources
- Stimulus: DOL Fact Sheet 71, one labor-economics article, one career-services perspective and one first-person account.
- Product
- Individual written argument, 1,200–1,500 words
- Raises the rigor
- Use Rafa’s commute and family-shop hours as a concrete example.
Supports
- Stimulus annotation
- Perspective map
- Argument outline
Success looks like
- Clear question
- Multiple perspectives
- Original synthesis
- Limits acknowledged
School pathway
Pre-IB: Write a structured analysis that uses the seven Department of Labor factors as an analytical framework for Rafa’s offer, marking what the evidence shows and what remains unknown. Then give a two-minute talk on the question: who can afford to say yes to an unpaid opportunity, and what does that mean for fairness?
- Sources
- The studio listing, the studio’s reply, Gia and Rafa’s conversation and DOL Fact Sheet 71.
- Product
- Structured analysis (400–500 words) plus a two-minute talk
- Raises the rigor
- Explain why a framework built for one purpose (deciding pay) may miss a different question (who gets access).
Supports
- Factor grid: evidence for training, evidence for work, unknown
- Talk planner: claim, example, the person most affected
- Glossary: primary beneficiary, displacement, opportunity cost
Success looks like
- Applies every factor to specific evidence
- Marks unknowns instead of guessing
- Separates the legal question from the fairness question
- Talk grounds its claim in a concrete person’s situation
Middle Years
IB MYP: Investigate “Who benefits from internships?” and interview (with permission) an adult about their first work experience.
- Sources
- Case materials; global context: Fairness and development.
- Product
- Report plus 150-word reflection
- Raises the rigor
- Compare the interview with the case.
Supports
- Statement of inquiry frame
- Interview guide
- Consent script
Success looks like
- Clear research question
- Accurate legal content
- Ethical interview practice
- Thoughtful comparison
IB Diploma
DP Lang & Lit: Write a guided textual analysis of the studio’s internship listing in response to the guiding question, then test your reading against one real internship listing the teacher selects.
- Sources
- The studio listing from the case and one teacher-selected real internship listing.
- Product
- Guided analysis, 600–800 words, written in 75 minutes
- Raises the rigor
- Analyze how the listing’s vagueness about hours and duties functions as a choice, and what kind of reader it rewards.
Supports
- Guiding question printed above the text
- Annotation layers: prestige vocabulary, second-person address, what is left vague
- Checklist of conventions for job listings as a text type
Success looks like
- Responds directly to the guiding question
- Analyzes diction, address and omission with precise references
- Explains the ideal applicant the text constructs
- Sustains an organized line of analysis in clear academic language
Access for every learner
- Provide factor cards with icons and one-line explanations
- Read the listing aloud
- Spanish vocabulary: pasantía, empleado, salario, capacitación
- Offer a partially completed questions sheet
- Reduce to three factors: training, credit, displacement
Extension
- Look up whether your state has its own internship or minimum-wage rules
- Compare the for-profit test with guidance for volunteering at nonprofits
Annotated student work
What a draft shows us.
Write Rafa’s email to the studio before he decides.
First draft
Hi, thanks so much for the offer! I’m really excited about this opportunity and 1I know it will look great on my résumé. I just wanted to ask 2if this is legal since it’s unpaid? 3My friend said unpaid internships aren’t allowed. Also 4how many hours is it? 5I can start whenever you need me. I really want to get into editing and this seems like a good way in. Let me know! Thank you again for thinking of me, Rafa
- 1Gap Repeats the listing’s pitch. What do you want to learn?
- 2Gap Asking the employer for a legal verdict won’t get useful answers. Ask about the factors.
- 3Evidence Too broad. It depends on the facts.
- 4Strength Good, specific question. Add schedule and supervision.
- 5Audience This gives away your schedule before you know the terms.
Revised
Hi, thank you for the offer. Before I decide, could you help me understand the arrangement? What would a normal week look like, and how much of it is the customer inbox? Who would supervise and give feedback, and is there a written learning plan? How many hours per week, and for how many weeks? Does the role cover work a paid staff member did before? You mentioned college credit; I’m checking with my school about that. I also work at my family’s shop, so I need to know the schedule before committing. Thanks, Rafa
Assessment
One-page rubric.
Mark the evidence you see. Leave room for a comment and a next step.
| Criterion | Beginning | Developing | Proficient | Advanced |
|---|---|---|---|---|
| Evidence | Relies on rumor. | Mentions pay only. | Asks about several factors. | Asks about factors and notes what the credit claim doesn’t settle. |
| Reasoning | Declares legal or illegal. | Asks for a verdict. | Gathers facts before deciding. | Connects each question to a reason it matters. |
| Audience & purpose | Gives away leverage or accuses. | Polite but vague. | Specific, respectful questions. | Specific questions plus Rafa’s own constraints. |
| Revision | No change. | Tone only. | Replaces rumor with factor-based questions. | Explains how each question helps Rafa decide. |
Evidence I saw
Next step
Standards
What this case teaches, by the book.
CCSS 6–8 3
RI.8.1Students cite the internship listing to identify what the work actually involves.RH.6-8.8Students separate facts in the listing from promotional claims like “great exposure.”W.8.1Students argue whether the offer looks more like training or a job.
CCSS 9–10 3
RI.9-10.1Students cite DOL Fact Sheet 71’s factors precisely.RH.9-10.8Students assess whether the studio’s claim that credit “makes it legal” is supported.W.9-10.1Students write a claim about the offer supported by the seven factors.
CCSS 11–12 3
RI.11-12.1Students cite the factors and note what remains uncertain.RH.11-12.8Students evaluate the premises behind “it’s an internship, so it’s unpaid.”W.11-12.1Students argue what a fair internship should include, addressing employer concerns.
C3 Framework 3
D2.Civ.12.9-12Students analyze how workers use the FLSA to address unpaid work.D2.Civ.13.9-12Students evaluate the unintended effects of unpaid internships on who gets opportunities.D2.Civ.6.9-12Students critique the relationship between labor markets and government rules.
AP English Language 3
Rhetorical Situation (RHS)Students analyze how the listing addresses ambitious students.Style (STL)Students analyze phrases like “great exposure” and “fast-paced.”Claims and Evidence (CLE)Students write questions that ask for evidence behind the listing’s promises.
IB MYP 3
Individuals and Societies A: Knowing and understandingStudents explain the primary beneficiary test accurately.Individuals and Societies D: Thinking criticallyStudents evaluate the offer from the intern’s and employer’s perspectives.Language and Literature A: AnalysingStudents analyze the persuasive language of the listing.
IB DP 2
Global Politics — key concepts: equality and developmentStudents examine who can afford unpaid work and what that does to access.Language A: language and literature — Readers, writers and textsStudents analyze how job listings construct an ideal reader.
Take it off the page
Ask what the work is before you accept it.
- Before accepting any internship, ask for duties, hours, supervision and pay in writing
- Take the offer to your school counselor or college career center
- Check your state labor department’s page on minimum wage and youth work
- Compare the offer with your other commitments before deciding