HB1469 would amend Hawaii’s labor law chapter to prohibit unpaid internships generally, while creating a narrow exception for “student internships” that meet specified criteria. The bill is aimed at preventing for-profit employers from using unpaid internships as a substitute for paid labor and at aligning state law with U.S. Department of Labor guidance referenced in the bill’s findings.
To qualify as an unpaid student internship, a program would have to be educational in nature, primarily benefit the student, be closely supervised, and not displace regular employees. The bill also requires written notice that the intern will not be paid or treated as an employee for minimum wage purposes, bars employee benefits, and limits the screening and advertising of the program so it is presented as education or training rather than employment. The definition of “student” would include part-time secondary or post-secondary students and those completing degree residency requirements, including during school breaks if they were enrolled the prior semester.
Impact
The bill would add a new section to chapter 388 of the Hawaii Revised Statutes governing unpaid student internships. Its practical effect would be to make unpaid internships unlawful unless they fit the bill’s detailed student-intern criteria, thereby expanding state wage-law protections and clarifying when an internship is exempt from minimum wage requirements. Employers, schools, and internship sponsors would need to review program structure, supervision, recruitment, and disclosures to ensure compliance.
Sentiment
The available bill text suggests a generally protective and pro-worker policy approach, with the legislature emphasizing enforcement of labor laws and minimum wage standards. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of opposition or support from legislators in the materials supplied. The bill’s framing indicates concern about exploitation in unpaid internships and a preference for clearer state standards.
Contention
The main point of contention implied by the bill is the balance between preventing exploitation and preserving legitimate educational internship opportunities. Employers offering unpaid internships may view the restrictions as burdensome or limiting, especially the prohibition on unpaid internships outside the student-intern exception and the detailed requirements for supervision, advertising, and screening. Supporters would likely argue that these safeguards are necessary to ensure internships are truly educational and do not replace paid work.