Wage and Hour Defense Blog

The lingering morning chill in the air (at least, here, in the Northeast) suggests that summer is not quite here, but as the daylight persists through the evening hours, businesses small and large are gearing up for yet another summer – intern – season.

In anticipation of the arrival of these ambitious and eager workers, companies’ human resources professionals and stakeholders are asking the age-old questions:

Should these interns be classified as “employees” of the company?

Must they be compensated?

Isn’t knowledge and real-world experience the appropriate reward (and maybe some academic credit)?

Is this a wage and hour violation?

The answer to this question is that, it depends, which is a dependably frustrating response from a management-side employment lawyer.

Webinar – Spring/Summer 2019

Internship programs can help employers source and develop talent, but they do not come without their pitfalls. If you are an employer at a tech startup, a large financial institution, a fashion house, or something else entirely, and you plan on having interns this summer, this webinar is for you. Learn the steps for creating a legally compliant internship program.

For many years, the U.S. Department of Labor (“DOL”) used the “six-factor test” when determining whether an employee was legally considered an unpaid intern, such that the intern ...

In a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience, the United States Department of Labor (“DOL”) recently issued Field Assistance Bulletin No. 2018-2, adopting the “primary beneficiary” test used by several federal appellate courts to determine whether unpaid interns at for-profit employers are employees for purposes of the Fair Labor Standards Act. If interns are, indeed, deemed employees, they must be paid minimum wage and overtime, and cannot serve as interns without pay. The ...

By: Jeffrey M. Landes and Susan Gross Sholinsky

The presentation slides and the recording for the webinar - Creating and Maintaining a Lawful Internship Program - are now accessible for your viewing. If you would like to review, please contact Kiirsten Lederer to obtain instructions.

During this timely and important webinar, we discussed how to minimize both your organization's liability and the risk of wage and hour lawsuits. Specifically, participants walked away with answers to the following questions:

• What are the best practices for recruiting and hiring interns, and what ...

In a complimentary webinar on May 22 (1:00 p.m. ET), our colleagues Jeffrey M. Landes and Susan Gross Sholinsky will present a webinar on how to strategically structure internship programs to comply with applicable wage and hour guidelines.

Join us for a discussion on how to minimize both your organization's liability and the risk of wage and hour lawsuits. In particular, below are just a few of the many questions we will address during the webinar:

• What are the best practices for recruiting and hiring seasonal interns, and what critical language should you include (or avoid) in ...