Receive guidance on the legal and practical implications of establishing an internship program in your organization.
Employers that fail to follow the requirements to ensure an intern is properly treated as an unpaid intern rather than an employee who is entitled to minimum wages and overtime can face costly wage and hour litigation. This course will help you develop a lawful unpaid internship program. We will discuss the seven-factor primary beneficiary test that has been adopted by the United States Department of Labor when analyzing unpaid internships under the Fair Labor Standards Act. We will also discuss other employment laws that employers should consider when structuring their internship programs. This course will prepare the you to administer an internship program by providing key considerations for all stages of the internship process, such as recruiting interns, drafting internship offer letters, managing and assigning appropriate work to interns, and post-internship considerations.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Legal Analysis - Do Wage/Hour Laws Apply to Internships?
- Definitions Under the FLSA
- Trainee and Exception
- S. DOL Adopts the Primary Beneficiary Test
- DOL's Previous 6-Factor Test
- Why the DOL Adopted the Primary Beneficiary Test
- A Breakdown of the Primary Beneficiary Test
- New York's Intern Test
- New Jersey's School-to-Work Program
- Interns in Not-for-Profit Businesses - New York State Guidance
- FLSA Regulations on Internships in the Public Sector
- Do Interns Have to Be Paid?
- Minimum Wage and Overtime Considerations
- Additional Compliance Considerations
- Before the Internship
- During the Internship
- After the Internship
Tests in Other Jurisdictions
Different Standards for Nonprofits and the Public Sector
Wage/Hour and Other Legal Requirements If Interns Are Employees
Practical Points for Internship Programs
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 14, 2022.
Call 1-866-352-9540 for further credit information.
- HR Certification Institute 1.25
- This E-Learning program has been pre-approved for 1.25 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
- SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Ann Knuckles Mahoney
Epstein Becker & Green, P.C.
- Attorney in the Employment, Labor & Workforce Management practice in the Nashville office of Epstein Becker & Green, P.C.
- Counsels employers on how to comply with employment-related laws at the federal, state, and local level
- Advises employers on all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
- Counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force)
- Prepares employment, consulting, and separation agreements; employment applications and background check forms; employee handbooks; and stand-alone policies
- Previously worked as a judicial intern for the Honorable Margo K. Brodie in the U.S. District Court for the Eastern District of New York
- J.D. degree, Brooklyn Law School; B.S. degree, University of Pennsylvania, Wharton School
- Can be contacted at 615-561-6041 or [email protected]
Genevieve M. Murphy-Bradacs
Epstein Becker & Green, P.C.
- Senior Counsel in the Employment, Labor & Workforce Management practice in the New York office of Epstein Becker & Green, P.C.
- Provides legal counsel to employers on all aspects of labor and employment-related issues, including employee discipline; accommodation requests; compliance with federal, state and local leave laws; and employment best practices.
- Reviews and prepares employment, consulting, and separation agreements, restrictive covenants and employee handbooks
- Provides advice and counsel regarding “Fair Chance” laws and other federal, state and local laws governing the use background checks for employment purposes.
- Conducts anti-harassment and other workplace training.
- Served as a Law Clerk to the Honorable Francine A. Schott (Ret.) of the New Jersey Superior Court, Civil Division, Essex Vicinage.
- Can be contacted at [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
- OnDemand Courses
- Live Webinars
- MP3 Downloads
- Course Manuals
- Executive Reports
- White Papers and Articles
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- State Specific Credit Tracker
- All-Access Pass Course Concierge
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