To Determine Whether Unpaid Interns Are Employees
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 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. This white paper reviews what the primary beneficiary test examines and discusses what employers should be doing now.
Nancy Gunzenhauser Popper
Epstein Becker & Green, P.C.
- Attorney in the employment, labor & workforce management practice in the New York office of Epstein Becker & Green, P.C.
- 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 agreements
- 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
- Can be contacted at [email protected]
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 practices and procedures to promote compliance with employment-related laws at the federal, state, and local level
- Advises on all aspects of the employment relationship, reorganizations, leave entitlements, independent contractor issues, and employment-related COVID-19 matters
- Ann 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
- Can be contacted at 629-802-9255 or [email protected]
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