Video

  • 15 minutes

Wage and Hour Considerations for Interns

 
Does your intern fit within the exceptions to the definition of employee under the Fair Labor Standards Act? If so, the internship may be unpaid. However, there is no prohibition against paying interns. If you choose to pay the intern then at least minimum wage is recommended in case of misclassification. There are also federal sub‐minimum wage rules. You should also consider stipends which cover minimum wage, including overtime, requirements. Individuals who suffer or are permitted to work must be compensated. The current federal minimum wage is $7.25 per hour and currently, approximately 29 states and the District of Columbia, as well as some cities, have minimum wage rates higher than the federal minimum wage rate.

In this 14-minute video our speakers, Jeffrey M. Landes and Susan Gross Sholinsky, review how to determine if your intern is exempt or nonexempt. They discuss discrimination and harassment implications; as well as noncompliance repercussions.

Jeffrey M. Landes is a member of Epstein Becker & Green, P.C.’s Employment, Labor & Workforce Management practice, in the firm's New York office. He counsels clients in a variety of industries including financial services; retail and communications; in all facets of employment law, including compliance with EEO laws and other statutes governing the workplace, independent contractor issues, executive terminations, restrictive covenants, drug testing, background checks, employee discipline and terminations, reorganizations, workplace investigations, leaves of absence, and development of handbooks and personnel policies and procedures. He prepares employment, consulting and separation agreements as well as counsels multi-national companies in unique labor and employment law issues.

Susan Gross Sholinsky is a member of Epstein Becker & Greeen, P.C.’s Employment, Labor & Workforce Management practice, in the New York office. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims. Ms. Gross Sholinsky advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions. She develops and audits employers' policies and procedures to ensure compliance with applicable federal, state, and local law and best practices.
Runtime: 14 minutes

Agenda

Faculty

Jeffrey M. Landes

Jeffrey M. Landes

Epstein Becker & Green, P.C.

  • Partner in the New York office of Epstein Becker & Green, P.C. in the Employment, Labor & Workforce Management practice, where he co-leads the retail service team
  • Experience includes counseling clients in a variety of industries including financial services, retail, and communications; in all facets of employment law, including compliance with EEO laws and other statutes governing the workplace, independent contractor issues, executive terminations, restrictive covenants, drug testing, background checks, employee discipline and terminations, reorganizations, workplace investigations, leaves of absence, and development of handbooks and personnel policies and procedures
  • Practice also includes preparing employment, consulting and separation agreements, counseling multinational companies on unique labor and employment law issues, and conducting wage/hour and human resource audits
  • Regularly conducts workplace training sessions for employees and managers and human resources personnel concerning performance management, harassment, diversity, EEO issues, and wage/hour issues, including pay practices and exempt/nonexempt classification issues
  • Has represented employers in wage/hour audits before the U.S. Department of Labor and other federal and state administrative agencies
  • Past member of the Labor and Employment Committee of the Bar Association of the City of New York and currently a member of the Equal Employment Opportunity Committee of the New York State Bar Association's Labor and Employment Section
  • Can be contacted at 212-351-4601 or [email protected]

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