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Excerpt from "Trainees Checklist"

The executive, administrative, professional, outside sales, and computer employee exemptions from overtime pay under the Fair Labor Standards Act do not apply to employees training for employment in an executive, administrative, professional, outside
sales, or computer employee capacity who are not actually performing the duties of an executive, administrative, professional, outside sales, or computer employee. Therefore, if you are paying trainees, they are entitled to overtime pay. However, not all trainees are considered employees under the FLSA.

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has a six-part test to guide the determination of whether a trainee is in fact an employee under the FLSA. If all the following criteria apply, the trainees or students are not employees within the meaning of the Act:

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