Learn how to structure a compliant internship program that meets wage and hour guidelines.
For many years, the United States 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 be subject to the wage and hour requirements of the Fair Labor Standards Act. This changed at the beginning of 2018 when the DOL adopted the Second Circuit's primary beneficiary test in a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience. Employers that fail to follow the requirements to ensure an intern may properly be 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 content will discuss the seven factors that make up the primary beneficiary test and help you develop a lawful unpaid internship program. This material will also prepare you to administer an internship program by providing key considerations for all stages of the internship process.
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Agenda
Legal Analysis - Do Wage and Hour Laws Apply to Internships?
- Definitions Under the FLSA
- Trainee Exception
Litigation History Regarding Intern Exception
- DOL's Traditional Six-Factor Test
- Second Circuit's Primary Beneficiary Test
United States DOL Adopts the Primary Beneficiary Test
- Why the DOL Adopted the Primary Beneficiary Test
- A Break Down of the Primary Beneficiary Test
Tests in Other Jurisdictions
- Tests in Other Circuit Courts
- New York's Intern Test
- New Jersey's School to Work Program
Different Standards for Nonprofits and the Public Sector
- Interns in Not-for Profit Businesses - New York State Guidance
- FLSA Regulations on Internships in the Public Sector
Wage and Hour Requirements If Interns Are Employees
- Do Interns Have to Be Paid?
- Minimum Wage and Overtime Considerations Under the Biden Administration
Internships in the Remote Work Era
- Pitfalls of Remote Internships
- How to Remain Compliant When Interns Work From Home
Practical Points
- Before the Internship
- During the Internship
- After the Internship
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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.
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OnDemand Course
This course was last revised on March 17, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
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.
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
Nancy Gunzenhauser Popper
Epstein Becker & Green, P.C.
- Member of the Firm at Epstein Becker & Green
- Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace
- Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
- Prepares employment, consulting, and separation agreement
- Audits employers’ employment policies, procedures, and handbooks to ensure compliance with applicable laws and best practices
- Conducts workplace training seminars for employees, managers, and human resources personnel
- Assists in defending clients in labor and employment-related litigation in a broad array of matters, such as discrimination, harassment, retaliation, breach of contract, and wage and hour disputes
- B.A., Vanderbilt University; J.D., Brooklyn Law School
- Can be contacted at [email protected] or 212-315-3758
Anastasia A. Regne
Epstein Becker & Green, P.C.
- Attorney in the employment, labor & workforce management practice in the New York, Washington, D.C. and Baltimore offices of Epstein Becker & Green, P.C.
- Assists in defending clients in employment-related litigation in a broad array of matters, including claims of discrimination, harassment and hostile work environment, retaliation, wrongful termination, whistle-blowing, and wage and hour disputes, among others, in state and federal courts and before various administrative agencies
- Prepares separation agreements, settlement agreements, and stand-alone policies
- Assists in advising on a variety of aspects of the employment relationship, including complex international employment and human resources matters, marijuana law, COVID-19 matters, workplace safety, remote work, and new Biden administration policies
- Previously worked as a judicial intern for the Honorable Laura Taylor Swain in the U.S. District Court for the Southern District of New York
- Can be contacted at 212-351-4609, 202-861-1837 or [email protected]
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