According to The Department of Labor, the following six legal criteria must be applied when making a determination if an work-based learning experience is required to be paid.

1. The work-based learning experience, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment.
2. The work-based learning experience is for the benefit of the intern.
3. The student does not displace regular employees, but works under close supervision of existing staff.
4. The employer that provides the training derives no immediate advantage from the activities of the student; and on occasion its operations may actually be impeded.
5. The student is not necessarily entitled to a job at the conclusion of the work-based learning experience.
6. The employer and the student understand that the student is not entitled to wages for the time spent in the work-based learning experience.