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Article Index » flsa and wage & hour » employees covered
Report Link Should Your Volunteer Student Interns Be Paid? Avoiding State and Federal Wage Liability.
Barker Olmsted & Barnier - September 04, 2009
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?
Report Link Indian Tribe Business Subject to Federal Wage Law.
Barker Olmsted & Barnier - May 05, 2009
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.
Report Link Education Labor Letter: "I'll Do It for Free!"
Fisher & Phillips, LLP - November 10, 2008
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.
Report Link Labor Board’s Rulings Trump All Other Laws (Almost).
Fisher & Phillips, LLP - February 07, 2008
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?
Report Link ‘Tis The Season To Volunteer -- Maybe.
Fisher & Phillips, LLP - December 05, 2007
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.
Report Link Do Your Internships Comply With Wage-Hour Law?
Fisher & Phillips, LLP - November 07, 2007
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.
Report Link The Wage/Hour Cocktail: One Part Work, One Part Love, Mix Well (Tastes Awful).
Fisher & Phillips, LLP - April 23, 2007
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.
Report Link The Wage/Hour Cocktail: One Part Work, One Part Love, Mix Well
Fisher & Phillips, LLP - March 30, 2007
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.
Report Link Interns, Volunteers and Charitable Workers - Employees or Not? (pdf).
Vedder Price - July 19, 2006
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.
Report Link Who Are Employees?
Internal Revenue Service (IRS) - November 20, 2000
Chapter 2 from IRS Publication 15, Circular E, Employer's Tax Guide, which discusses the distinction between common law and statutory employees.

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