The lingering morning chill in the air (at least, here, in the Northeast) suggests that summer is not quite here, but as the daylight persists through the evening hours, businesses small and large are gearing up for yet another summer – intern – season.
In anticipation of the arrival of these ambitious and eager workers, companies’ human resources professionals and stakeholders are asking the age-old questions:
Should these interns be classified as “employees” of the company?
Must they be compensated?
Isn’t knowledge and real-world experience the appropriate reward (and maybe some academic credit)?
Is this a wage and hour violation?
The answer to this question is that, it depends, which is a dependably frustrating response from a management-side employment lawyer.
Our colleagues Frances L. Kenajian and Nathaniel M. Glasser at Epstein Becker Green has a post on the Technology Employment Law Blog that will be of interest to our readers in the retail industry: "Summer Networking Events: Workplace Harassment Can Happen Outside the Workplace."
Following is an excerpt:
Under federal law, as well as the law of many states, cities, and municipalities, sexual harassment is considered a type of prohibited gender discrimination. New York City and New York State now require employers to provide their employees with anti-sexual ...
With warmer weather quickly approaching, many employers are beginning to schedule happy hours, parties, softball games, and other off-site events that employees (and interns) look forward to attending. However, at offsite work events, employees might forget—or might not realize in the first place—that they are still in a workplace setting. This could result in unwelcome behavior, such as sexual harassment, which could leave an employer open to liability.
Under federal law, as well as the law of many states, cities, and municipalities, sexual harassment is considered a type ...
Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below five new or upcoming areas on which employers should focus.
Hospitality Employers May Soon Face a Compliance Challenge: The New Proposed DOL Salary Threshold for “White Collar” Exemptions
The Department of Labor (“DOL”) has proposed a new rule that would increase the salary threshold for most “white collar” ...
Webinar – Spring/Summer 2019
Internship programs can help employers source and develop talent, but they do not come without their pitfalls. If you are an employer at a tech startup, a large financial institution, a fashion house, or something else entirely, and you plan on having interns this summer, this webinar is for you. Learn the steps for creating a legally compliant internship program.
For many years, the U.S. Department of Labor (“DOL”) used the “six-factor test” when determining whether an employee was legally considered an unpaid intern, such that the intern ...
Webinar – Spring/Summer 2019
Internship programs can help employers source and develop talent, but they do not come without their pitfalls. If you are an employer at a tech startup, a large financial institution, a fashion house, or something else entirely, and you plan on having interns this summer, this webinar is for you. Learn the steps for creating a legally compliant internship program.
For many years, the U.S. Department of Labor (“DOL”) used the “six-factor test” when determining whether an employee was legally considered an unpaid intern, such that the ...
Webinar - Spring/Summer 2019
Internship programs can help employers source and develop talent, but they do not come without their pitfalls. If you are an employer at a tech startup, a large financial institution, a fashion house, or something else entirely, and you plan on having interns this summer, this webinar is for you. Learn the steps for creating a legally compliant internship program.
For many years, the U.S. Department of Labor ("DOL") used the “six-factor test” when determining whether an employee was legally considered an unpaid intern, such that the intern would not ...
In a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience, the United States Department of Labor (“DOL”) recently issued Field Assistance Bulletin No. 2018-2, adopting the “primary beneficiary” test used by several federal appellate courts to determine whether unpaid interns at for-profit employers are employees for purposes of the Fair Labor Standards Act. If interns are, indeed, deemed employees, they must be paid minimum wage and overtime, and cannot serve as interns without pay. The ...
By: Jeffrey M. Landes and Susan Gross Sholinsky
The presentation slides and the recording for the webinar - Creating and Maintaining a Lawful Internship Program - are now accessible for your viewing. If you would like to review, please contact Kiirsten Lederer to obtain instructions.
During this timely and important webinar, we discussed how to minimize both your organization's liability and the risk of wage and hour lawsuits. Specifically, participants walked away with answers to the following questions:
- What are the best practices for recruiting and hiring interns, and what ...
By: Jeffrey M. Landes and Susan Gross Sholinsky
The presentation slides and the recording for the webinar - Creating and Maintaining a Lawful Internship Program - are now accessible for your viewing. If you would like to review, please contact Kiirsten Lederer to obtain instructions.
During this timely and important webinar, we discussed how to minimize both your organization's liability and the risk of wage and hour lawsuits. Specifically, participants walked away with answers to the following questions:
- What are the best practices for recruiting and hiring interns, and what ...
By: Jeffrey M. Landes and Susan Gross Sholinsky
The presentation slides and the recording for the webinar - Creating and Maintaining a Lawful Internship Program - are now accessible for your viewing. If you would like to review, please contact Kiirsten Lederer to obtain instructions.
During this timely and important webinar, we discussed how to minimize both your organization's liability and the risk of wage and hour lawsuits. Specifically, participants walked away with answers to the following questions:
- What are the best practices for recruiting and hiring interns, and what ...
By Jeffrey Landes, Susan Gross Sholinsky, and Nancy L. Gunzenhauser
A hot topic for every summer – but particularly this summer – is the status of unpaid interns. You are probably aware that several wage and hour lawsuits have been brought regarding the employment status of unpaid interns, particularly in the entertainment and publishing industries. The theory behind these cases is that the interns in question don’t fall within the “trainee” exception to the definition of “employee” under the federal Fair Labor Standards Act (“FLSA”), as well as applicable ...
Our colleagues Michelle Capezza, Jeffrey M. Landes, and Susan Gross Sholinsky will host Epstein Becker Green's retail roundtable summit from 12:00 p.m. - 2:00 p.m. on May 21. Join us for an open discussion among retail industry executives. The summit will be devoted to retail industry labor and employment issues that general counsel and human resources executives are facing.
Topics to include:
- Legal, logistical, ethical, and other factors to consider when creating and implementing internship programs
- Ramifications of newly-enacted state and local laws on handbook policies ...
In a complimentary webinar on May 22 (1:00 p.m. ET), our colleagues Jeffrey M. Landes and Susan Gross Sholinsky will present a webinar on how to strategically structure internship programs to comply with applicable wage and hour guidelines.
Join us for a discussion on how to minimize both your organization's liability and the risk of wage and hour lawsuits. In particular, below are just a few of the many questions we will address during the webinar:
- What are the best practices for recruiting and hiring seasonal interns, and what critical language should you include (or avoid) in ...
Recent Updates
- Watch: Change Is Coming from the EEOC—but When? - Employment Law This Week
- The EEOC Moves to End EEO Reporting – Comments Invited Through August 24
- Watch: New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time - Employment Law This Week
- Attention Connecticut Warehouse Employers: Deadline for New Quota Notices Approaching
- New Jersey Department of Labor’s Guidance Clarifies Expanded Job Protected Leave Rights for Employees