Fashion Internships: When They Must Be Paid in the US and UK

Why this matters in fashion

Fashion has a long history of unpaid internships, especially at design studios, magazines and PR agencies. That history shuts out people who cannot afford to work for free, and in many cases it is also unlawful. The rules differ by country, but the starting point in both the US and the UK is that someone doing real work for a business is generally entitled to be paid.

This is a plain-language overview, not legal advice. If you are unsure about a specific placement, contact the government body listed below.

United States: the primary beneficiary test

In the private sector, the US Department of Labor uses the "primary beneficiary" test to decide whether an intern is an employee who must receive at least minimum wage and overtime under the Fair Labor Standards Act. Its Fact Sheet #71 sets out seven factors, including:

• whether the intern and employer clearly understand there is no expectation of pay;

• whether the internship provides training similar to an educational setting;

• whether it is tied to a formal education programme, such as academic credit;

• whether it fits the academic calendar;

• whether its length is limited to the period in which the intern is genuinely learning;

• whether the intern's work complements, rather than displaces, paid employees;

• whether both sides understand the internship does not guarantee a job.

No single factor decides the question. In practice, if an intern is doing the same work as paid staff, covering for absent employees or producing work the business relies on, the business is likely the main beneficiary, and the intern should be paid. State minimum wage laws can add further protections.

United Kingdom: if you are a worker, you are owed minimum wage

UK government guidance on employment rights for interns explains that an intern who counts as a "worker" is entitled to the National Minimum Wage. Being called an intern, or agreeing to work unpaid, does not change that.

The guidance describes situations where someone is not entitled to the minimum wage, including students on a placement of up to one year required as part of a UK further or higher education course, and people who are only shadowing an employee without doing work themselves. If you are set tasks, given deadlines or expected to turn up at fixed times, you are likely to be a worker.

Questions to ask before you accept

• What will I be paid, and how often?

• What will I be doing day to day, and who will train me?

• How long does the placement last, and what are the hours?

• Is it linked to my course, and does my university need to approve it?

• Who owns the designs or content I produce?

A reputable employer should be able to answer these clearly and put them in writing.

Internships on Style Serum

Every listing on our job board, internships included, must show a pay range. If you are hiring interns, you can post the role for free during our launch period. Every role is reviewed by our editors before it goes live.

For more on pay, read our guide to pay transparency in fashion hiring, or visit the Careers Centre.