As the temperature rises, so does the demand for seasonal hires and summer interns. For many employers, this influx of temporary talent helps cover peak workloads, tackle special projects, and support ongoing operations. But while hiring interns and seasonal employees may seem straightforward, it requires compliance with federal and state laws, thoughtful planning, and smart onboarding.

Whether you’re bringing on a student intern or part-time summer staff, here’s what you need to know to stay compliant, protect your business, and create a positive experience for everyone involved.

why hire summer interns and seasonal workers?

Internships and short-term hires offer businesses flexible staffing solutions, especially during peak summer months. These programs provide:

Access to eager, fresh talent.
Opportunities to mentor and shape future professionals.
Help with seasonal workloads or special projects.
A cost-effective recruitment pipeline for future hires.

paid vs. unpaid internships: what the dol says

The U.S. Department of Labor (DOL) uses a “primary beneficiary test” to determine if an intern must be paid. This test assesses whether the intern or the employer benefits more from the arrangement. If your company benefits most, the intern likely qualifies as an employee and must be paid at least minimum wage.

7 key factors of the primary beneficiary test:

No expectation of compensation.
Training is similar to academic learning.
Internship is tied to the intern’s education or academic credit.
Flexible with the intern’s academic calendar.
Duration is beneficial to the intern's learning.
Intern’s work complements, not replaces, paid employees.
No guarantee of a paid job after the internship ends.

When in doubt, pay your interns at least the minimum wage to avoid wage disputes and compliance risks.

wage and hour compliance for interns and seasonal employees

Most of these workers are nonexempt, meaning they must be paid:

At least the applicable minimum wage (federal, state, or local – whichever is highest).

Overtime, if they work more than 40 hours/week (in some states it is anything over 8 hours in a day).

In compliance with your state’s break and meal laws.

According to the National Association of Colleges and Employers (NACE), the average hourly wage for college interns in 2025 is $23.04, while high school interns typically earn minimum wage.

Seasonal employees, like those working in amusement parks or summer camps, may qualify for exemptions under the Fair Labor Standards Act (FLSA) if:

The business operates less than seven months a year, or

Seasonal revenue is less than one-third of annual revenue for six months of the year

However, these exemptions are narrow – most employers must follow standard wage and hour laws, including accurate time tracking and clear communication around job status.

state-specific child labor considerations

If you’re hiring minors, take note: Some states have recently tightened child labor laws (e.g., Illinois, Colorado, Virginia), while others loosened them (e.g., Florida, Iowa, Ohio).

Watch for rules governing:

Hours worked during school and non-school weeks.

Night shift limitations.

Prohibited “hazardous” tasks like using heavy machinery or hot oil cooking.

Always verify if your state requires work permits or proof-of-age documents

onboarding and management best practices

Set your interns and seasonal hires up for success with the right structure:

Before Day 1:

Create a written internship policy.

Define roles, expectations, and evaluation methods.

Confirm whether interns will receive academic credit or liability coverage from their schools.

During Onboarding:

Share company values and team structure.

Confirm pay rate and pay schedule.

Review key policies (harassment, safety, confidentiality, etc.).

Train managers to supervise interns with clear expectations and mentoring.

interns and health benefits: what to know

While not required for small employers, larger companies may be subject to ACA requirements depending on how interns are classified. Interns are often considered “seasonal employees”, which may trigger benefit eligibility if employment exceeds certain thresholds:

Be sure to:

Check your benefit plan documents for eligibility rules.

Speak with your broker or benefits consultant before extending coverage.

Consider the value of offering benefits to boost your internship program’s reputation.

quick hits: what you might miss

Some states updated their child labor laws – don't assume past practices still apply.

FLSA wage exemptions apply only to a narrow group of seasonal businesses.

Ensure you’re complying with state meal and rest break laws.

Use the right classification for interns, seasonal workers, and contractors.

Heat illness rules apply in several states – train staff accordingly.

At Platinum HR, we help businesses build safe, compliant, and engaging internship and seasonal hiring programs. From reviewing job descriptions and onboarding workflows to updating handbooks and training managers – we've got you covered.

Let’s make your summer hiring stress-free. Contact us today!