Best Practices for a Successful Internship Program
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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.
AuthorsAnn Knuckles Mahoney, Epstein Becker & Green, P.C. Genevieve M. Murphy-Bradacs, Epstein Becker & Green, P.C.
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
Tests in Other Jurisdictions
• 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/Hour and Other Legal Requirements If Interns Are Employees
• Do Interns Have to Be Paid?
• Minimum Wage and Overtime Considerations
• Additional Compliance Considerations
Practical Points for Internship Programs
• Before the Internship
• During the Internship
• After the Internship