Total Articles: 23
Intern + Output = Paycheck
It's no secret that today's economy is tough. The result? Business vets are joining this year's crop of students as fall interns. They will work away – often for free – in hopes of a future job, a resumé builder and even to sample "the real world."
Holiday "Volunteer" Services Might Be FLSA Employment
The holiday spirit moves many to volunteer for activities of a benevolent nature. An organization to which such individuals donate services should consider the possibility that they might be "employees" under the federal Fair Labor Standards Act. Getting this wrong could result in liability for back-wages, child-labor penalties, and other remedies.
When are Student Assistants "Employees" Under The FLSA?
Last month, a federal judge in New York granted preliminary approval for a settlement in which Hofstra University agreed to pay up to $485,000 to a class of 256 undergraduate and graduate students who allegedly were not paid minimum wage and overtime in violation of the Fair Labor Standards Act. The plaintiff class included both students who the University classified as hourly employees and others who received stipends as undergraduate and graduate assistants. Because the case was settled, the court never reached a judgement as to whether the students who received stipends were "employees" entitled to minimum wage and overtime under the FLSA. That begs the question, when must a student be considered an "employee" for purposes of minimum wage and overtime?
Client Alert: A Low Cost Option to Voluntarily Reclassify Workers
In September 2011, in the wake of its continuing worker classification audit program, the
Internal Revenue Service (IRS) announced the Voluntary Classification Settlement Program
(VCSP), a voluntary initiative allowing taxpayers the opportunity to change the prospective
classification of their workers at a low cost. Taxpayers seeking to apply to the VCSP for the
fourth quarter of 2011 must act quickly to meet the initial deadlines set by the IRS.
Employee Volunteers and Emergency Call-Ins [Webinar Q&A]
Another in our series of answers to questions from our September 28 webinar on wage and hour law in higher education:
Summer Internships Are Not Free Labor
The recession, and the resulting loss of jobs, has prompted people of all experience levels to apply to companies for internships. Often they are willing to work without pay in order to get their feet in the door. The approach of summer will undoubtedly bring thousands of college students to employers’ doors seeking paid and unpaid internships.
"Kitchen Tryouts Start Today" ... Or Maybe Not
Hospitality employers sometimes wonder whether it's possible for individuals to participate in kitchen activities as unpaid interns or on a tryout basis, typically as chefs or cooks. Among the many questions this raises is whether such people would be "employees" who are subject to the federal Fair Labor Standards Act's requirements.
Unpaid Internships: A Trap For The Unwary Employer (pdf).
In an increasingly tight labor market,unpaid internships....
AVOIDING PITFALLS WITH INTERNSHIPS: DOL EXPLAINS WHEN INTERNS MUST BE COMPENSATED (pdf).
In the current job market, more and more employers are receiving requests from
applicants for unpaid internships. These offers can be tempting. However, the adage
“look before you leap” is especially applicable in this situation, and employers should be
cautious before entering an internship relationship.
Government Cracks Down on Employee Misclassification
Since the economic downturn, the proper classification of workers has become a hot-button issue. As enforcement agencies step up efforts to curb misclassifications, it is more important than ever for employers to understand how to properly categorize workers.
Internship Programs Face Increased Regulatory Scrutiny.
At this time of year, many firms take on interns, typically undergraduate students who perform a variety of tasks for the company. In many instances, these interns are unpaid or receive only a modest stipend. With the recent economic downturn, more companies than ever are tempted to use unpaid interns to supplement their existing paid workforce.
Wage & Hour Talk Podcast: "Should Your Unpaid Interns Actually Be Paid?"
Franczek Radelet attorneys Katie B. Schreiber and Mark S. Wilkinson discuss wage and hour issues in a brief podcast, which you can hear on our Web site or download to your computer or audio player.
UNPAID INTERNSHIPS AND WAGE-HOUR LAW
The unpaid internship dates back to times when there were no minimum wage or overtime laws. Apprentices would work for a carpenter or silversmith, perhaps for free or maybe room and board. There were no vocational schools. All training was “on the job.”
Should Your Volunteer Student Interns Be Paid? Avoiding State and Federal Wage Liability.
A college student contacts the manager of your marketing department and inquires whether she may volunteer as a student intern for the fall semester. She is an upperclassman majoring in journalism and she is familiar with your design software. She could really help with the backlog of work in the department, including filing, some bookkeeping, and a little bit of writing. You can’t beat the price. Should you take her up on her offer?
Indian Tribe Business Subject to Federal Wage Law.
A Ninth Circuit court of appeal has concluded that the overtime provisions of the Fair Labor Standards Act (“FLSA”) applies to a business located on an Indian reservation and owned by Indian tribal members. The court also ruled that the United States Department of Labor has the authority to enter the Indian reservation to inspect the books of that business for enforcement purposes.
Education Labor Letter: "I'll Do It for Free!"
Many people are moved to volunteer their time to schools for religious, humanitarian, charitable, or other public-service reasons. No one wants to discourage these impulses, of course, but a school must be careful not to set itself up for a dispute over whether such a person is actually an employee for purposes of the federal Fair Labor Standards Act (FLSA). Being wrong about this could result in substantial exposure for things like minimum-wage and overtime payments, penalties for child-labor violations, and other liability.
Labor Board’s Rulings Trump All Other Laws (Almost).
The National Labor Relations Act (NLRA) protects employees' "concerted activities" which, generally speaking, are any actions by employees undertaken as a group with respect to wages, hours and working conditions – whether or not in a formal "union" context. What happens when these NLRA protections conflict with an employer's compliance with other workplace laws?
‘Tis The Season To Volunteer -- Maybe.
The holiday spirit moves many to volunteer their time for activities of a humanitarian, religious, charitable, or other public-service nature. No one wants to discourage these laudable impulses, but an organization must be careful not to entangle itself in unforeseen disputes over whether these individuals are really "employees" for wage-hour purposes. Getting this wrong could expose you to substantial potential liability for things like minimum-wage and overtime payments, penalties for child-labor violations, and so forth.
Do Your Internships Comply With Wage-Hour Law?
Internships offer students unparalleled opportunities to gain real world experience and hands-on career development. The practical work experience derived from internships allows students to develop contacts, identify areas of interest, and gain an edge in an increasingly competitive job market.
The Wage/Hour Cocktail: One Part Work, One Part Love, Mix Well (Tastes Awful).
But as often happens, the relationship went South and Hirsch began seeing someone else. Steelman then sued, seeking lost wages and damages under the Fair Labor Standards Act.
The Wage/Hour Cocktail: One Part Work, One Part Love, Mix Well
You may think that you're working with a "partner", until things head south: your former associate may make an FLSA claim for unpaid wages.
Interns, Volunteers and Charitable Workers - Employees or Not? (pdf).
When can an employer allow an individual to intern,
volunteer or do charitable work on behalf of the company
without paying the individual
as an employee? Different
rules apply to each category.
Who Are Employees?
Chapter 2 from IRS Publication 15, Circular E, Employer's Tax Guide, which discusses the distinction between common law and statutory employees.
