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OnDemand Course

Is Your Intern Program Legally Compliant?

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.

Runtime: 90 minutes
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Why Lorman?

Over 33 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.

Agenda

Legal Analysis - Do Wage/Hour Laws Apply to Internships?

  • Definitions Under the FLSA
  • "Trainee" Exception

Litigation History Re: "Intern" Exception

  • DOL's Traditional 6-Factor Test
  • Second Circuit's "Primary Beneficiary Test"
  1. S. 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/Hour Requirements If Interns Are Employees

    • Do Interns Have to Be Paid?
    • Minimum Wage and Overtime Considerations

    Practical Points

    • Before the Internship
    • During the Internship
    • After the Internship
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Why Lorman?

Over 33 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.

Credits

OnDemand Course

This course was last revised on November 1, 2018.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 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

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

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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Why Lorman?

Over 33 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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Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 404431
Published 2018
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