Just like Paul mentored Timothy and Elijah mentored Elisha, church leaders today often aim to mentor the next generation of church leaders. One way they do this is through summer internships. Interns are typically young college students who feel called into a life of ministry. To a church, internships may seem like a great way to get free help for summer camps and VBS programs. An interns readiness to serve can bring an energy to the church staff that is welcomed and needed. Some staff, however, may see interns as more of a chore that they have to babysit or a helper that they can use to fetch the coffee, make copies, or clean up after kid’s camp. This is not only not the right posture and attitude to have when taking on a summer intern, but it can lead to issues with a three-letter agency you do not want to cross hairs with: the Department of Labor. Church leaders should keep in mind not only the legalities of having interns but also consider to what purpose they have summer interns. Are they wanting to take advantage of free labor or are they looking to mentor the next generation of church leaders? A church’s summer intern who feels a calling to ministry is just dipping their toes in the water. What kind of experience do we want them to walk away with — one where they are exhausted and feel taken advantage of or one that will help set them up for many decades of success in ministry?
How does the Department of Labor define an intern?
Simply having the desire to be an unpaid intern is not enough of a reason to keep someone off the official payroll. If an unpaid intern is carrying an employee’s workload and the church is the primary beneficiary in the working relationship, your intern is entitled to at least minimum wage and overtime pay.
The “Primary Beneficiary Test”
Consider your intern positions: how many hours are they doing employee type duties versus how many hours are they being mentored?
- If the intern is working fulltime hours prepping for VBS, running a church camp, or passing out flyers in the neighborhood to advertise outreach projects, the church is the primary beneficiary here.
- If the intern is receiving little to no mentorship at all, the church is the primary beneficiary.
- If the intern’s responsibilities are taking the place of a paid employee rather than complementing/shadowing a current staff member’s duties, the church is the primary beneficiary.
And if the church is the primary beneficiary, that intern is an employee who needs to be added to payroll and paid at least minimum wage.
What if we give them a stipend instead of adding them to payroll?
Many churches think that offering a small stipend to cover living expenses or giving the intern a “love offering” is enough payment for the intern. The way the Department of Labor sees it, as soon as money is exchanged that intern is now an employee. If their stipend breaks down to an hourly wage that is less than the minimum wage for your state, the church is in violation with the Department of Labor.
Another issue you might run into with another of our favorite three-letter agencies, the IRS, is not contributing employer payroll taxes to your stipend or love offering. If your intern is an employee, then as the employer it is your responsibility to contribute your portion of the payroll taxes.
How to ensure the intern is the primary beneficiary
If you want to continue having unpaid interns working with your church you need to clearly outline the internship program, write a description, and structure your program in a way where the intern is the primary beneficiary of the relationship. This is the best way to protect your church from FLSA and IRS violations.
- Have a written document stating the internship is unpaid and offered as a way to educate, train, and mentor the participant(s).
- Ensure tasks assigned correlate with the intern’s primary career goals and purpose of the internship (for example, a future pastor should be involved in pastoral tasks).
- Include written instructions on who the intern is shadowing during their internship and that any work the intern does is to assist and complement what is done by the paid staff member.
- Also include in your written documents a clear beginning and ending date to the internship program and that this is not a prerequisite to or promise of a future job at the church.
Have all of this clearly documented and signed by the intern and supervising staff member(s). If your church does choose to offer a stipend or love offering to their intern(s), it needs to be made clear in writing that this is not compensation for a job they are doing.
Mentoring the Next Generation of Church Leaders
Interns are not just free help for the summer. A church should prayerfully consider if they have the capacity to offer the intern the mentorship and training they deserve. What is your church’s goal in hosting an intern? If you truly want to pour into and train the next generation of church leaders, your internship description should outline the learning objectives and mentorship they will receive if they intern with your church. This helps set clear expectations for what the intern will be expected to do for the church and more importantly what the church plans to do for the intern as far as their spiritual and professional development.
Ultimately, yes, the church will benefit from having an intern for the summer. Interns often provide new perspectives and ideas and an energy and love for serving the Lord that can encourage church staff. They are coming into the ministry fresh and ready to serve. But the church staff need to take their responsibility as a mentor very seriously in these situations. Especially in the case of an unpaid intern, the church staff need to aim to give more than they receive.