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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.

93 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 36 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 and Hour Laws Apply to Internships?

  • Definitions Under the FLSA
  • Trainee Exception

Litigation History Regarding Intern Exception

  • DOL's Traditional Six-Factor Test
  • Second Circuit's Primary Beneficiary Test

United States 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 and Hour Requirements If Interns Are Employees

  • Do Interns Have to Be Paid?
  • Minimum Wage and Overtime Considerations Under the Biden Administration

Internships in the Remote Work Era

  • Pitfalls of Remote Internships
  • How to Remain Compliant When Interns Work From Home

Practical Points

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

Over 36 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on March 17, 2021.

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

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 36 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]
Anastasia A. Regne

Anastasia A. Regne

Epstein Becker & Green, P.C.

  • Attorney in the employment, labor & workforce management practice in the New York, Washington, D.C. and Baltimore offices of Epstein Becker & Green, P.C.
  • Assists in defending clients in employment-related litigation in a broad array of matters, including claims of discrimination, harassment and hostile work environment, retaliation, wrongful termination, whistle-blowing, and wage and hour disputes, among others, in state and federal courts and before various administrative agencies
  • Prepares separation agreements, settlement agreements, and stand-alone policies
  • Assists in advising on a variety of aspects of the employment relationship, including complex international employment and human resources matters, marijuana law, COVID-19 matters, workplace safety, remote work, and new Biden administration policies
  • Previously worked as a judicial intern for the Honorable Laura Taylor Swain in the U.S. District Court for the Southern District of New York
  • Can be contacted at 212-351-4609, 202-861-1837 or [email protected]
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Why Lorman?

Over 36 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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Product ID: 408697
Published 2021
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