News & Analysis as of

Wage and Hour Fair Labor Standards Act (FLSA) Internships

Parker Poe Adams & Bernstein LLP

What Employers Should Know About Summer Intern Programs

As we begin this summer season, so too do we begin the season of summer interns. While bringing on summer interns can provide a wide array of benefits to a company, employers must be careful to create a legally compliant...more

Greenberg Glusker LLP

Should Interns be Paid or Unpaid?

Greenberg Glusker LLP on

I recently shared commentary with SHRM regarding unpaid internships, including the legal considerations that employers should keep in mind. When are internships allowed to be unpaid and when they must be paid?...more

Venable LLP

Internship Laws In Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws

Venable LLP on

​​​​​​​As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Overview of Internships - ...more

Jackson Lewis P.C.

Forensic Photographer Trainee Takes Shot at Employee Status, But It Doesn’t Develop, 11th Circuit Rules

Jackson Lewis P.C. on

A forensic photographer who enrolled in a county training program was an intern and not an employee, a three-judge panel of the Eleventh Circuit Court of Appeals has held in a divided opinion. As a result, her minimum wage...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Rules Forensic Photography Intern is Not Entitled to FLSA Wages

On June 9, 2022, a divided panel of the United States Court of Appeals for the Eleventh Circuit decided an unpaid intern who participated in a forensic photography training program was not entitled to wages under the Fair...more

Maynard Nexsen

Just A Helping Hand? The Potential Pitfalls of Hiring Unpaid Summer Interns

Maynard Nexsen on

Warm weather and summer are approaching, and so too is the end of the school year. As a result, many businesses may now or soon be considering bringing on a summer intern. Students in various industries and stages of...more

Bond Schoeneck & King PLLC

Running Successful and Legally Compliant Internships

Bond Labor and Employment attorney Seth F. Gilbertson offers suggestions on how employers can successfully operate an internship program that complies with the federal Fair Labor Standards Act, New York State Minimum Wage Act...more

Littler

Dear Littler: What employment issues should we keep in mind when hiring seasonal minor employees?

Littler on

Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season. ...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

FordHarrison

HBO’s Insecure Might Need to Compensate Issa’s Unpaid Intern

FordHarrison on

Warning: The post below includes spoilers for HBO’s Insecure. Due to the lack of televised sporting events in the United States, I have recently been reduced to catching up on shows that have been collecting dust in my...more

Jaburg Wilk

Considering Hiring a College Student as an Unpaid Intern this Summer?

Jaburg Wilk on

It is getting closer to summer and that means students are looking for work experience. Many companies offer unpaid internships. While both the student and employer may see benefits to this arrangement – the employer doesn’t...more

Bradley Arant Boult Cummings LLP

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more

Proskauer - Labor Relations Update

Unpaid Interns are Not Statutory Employees, NLRB Concludes

The National Labor Relations Board recently held that a group of employees who were advocating on behalf of unpaid interns were not engaged in protected activity because the interns were not “employees” as that term is...more

Littler

DOL Clarifies the Exempt Nature of Participation in the Department of Defense’s Skill Bridge Program

Littler on

In 2013 the United States Department of Defense founded Skill Bridge, a program that partners the U.S. Armed Forces with private employers to provide internships to active duty service members during their last six months of...more

FordHarrison

If Your Intern Is Ever Taken Hostage, Here’s Why You Should Care

FordHarrison on

Netflix is (figuratively) on fire this summer, as it has released tons of new content clearly calculated to keep us indoors during the (literal) heatwave. Season two of Workin’ Moms was released on July 25, 2019 (see my...more

Epstein Becker & Green

Prepping for Full Compliance! Five Important Legal Compliance Issues Impacting the Hospitality Industry

Epstein Becker & Green on

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...more

Stoel Rives - World of Employment

Are Employers Required to Pay Interns?

Spring is in the air and summer is around the corner. You can see the signs everywhere. Flowers. Chirping birds. Increasing temperatures. And summer intern resumes. Experienced HR professionals know they will soon receive...more

Jackson Walker

Planning on Hiring Summer Interns? Make Sure Your Pay Practices Don’t Trip You Up

Jackson Walker on

The end of the school year is on the horizon for high school and college students. Along with catching up on sleep and enjoying a break from classes, many students will want to spend at least part of the summer working for...more

BakerHostetler

Another Court Rejects Class Claims Contending That Vocational Students Are Really Employees

BakerHostetler on

In yet another challenge regarding the employment status of students and interns as employees, the Second Circuit has concluded quite rightfully that vocational students – even those at for-profit institutions – are still...more

Jackson Lewis P.C.

Second Circuit Shears Cosmetology Student’s Claims In Intern-Or-Employee Case

Jackson Lewis P.C. on

Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s...more

Jackson Lewis P.C.

Wage And Hour Developments 2018: A Year In Review

Jackson Lewis P.C. on

The law regulating the payment of wages and work hours is a vibrant area: the “fight for $15.00”; battles over who can receive tips (and whether the tip credit should be eliminated entirely); whether workers should be given...more

BakerHostetler

Tenth Circuit Finds Massage Therapy Students to Be Just That – Students

BakerHostetler on

Once thought to be the next wave of wage-and-hour cases, suits involving interns and students have tended to founder because most training programs are intended to train rather than to provide employment....more

The Volkov Law Group

Are Unpaid Interns Worth the Cost (and the Risk)?

The Volkov Law Group on

It is estimated about half of the United States’ 1.5 million internships a year are unpaid, a number that may go up due to changes in the Department of Labor’s (DOL) rules governing unpaid internships. ...more

Tonkon Torp LLP

Does Your Intern Program Make The Grade?

Tonkon Torp LLP on

July 26, 2018 is National Intern Day – the perfect day to take a look at the employment law issues that impact internships! The primary issue employers need to be concerned about is whether an unpaid or stipend “intern” is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What I Did on My Summer Internship: A Primer for Employers on National Intern Day

July 26, 2018, is National Intern Day according to WayUp, the job site for college students and recent graduates. The organization’s campaign to acknowledge the role of interns in the workforce is intended to “encourage[]...more

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