Total Articles: 15
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.
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?
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.
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.
