Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Don’t Get Schooled This Summer: Internship Compliance Tips
Author: Scarinci Hollenbeck, LLC
Date: June 18, 2015
Key Contacts
Back
As schools let out for summer, internship season is upon us. While internship programs can benefit both students and businesses, the failure to ensure compliance with state and federal laws can lead to costly legal headaches.
Compliance with the Fair Labor Standards Act (FLSA) is still important, but it is not the only compliance concern that employers must address. In the past few years, many states, including New York, have implemented additional legal protections.
As a reminder, with regard to wages, true unpaid internships are rare, given that compensation is generally required whenever the employer benefits from the work the intern performs. As previously discussed on the Scarinci Hollenbeck Business Law News Blog, the Department of Labor uses the following six-factor test to determine whether an intern can truly be unpaid:
- The training must contain a significant educational component;
- The training must primarily benefit the intern;
- The interns may not displace regular employees but work under the close supervision of existing staff;
- The company must not derive an immediate advantage from the intern’s activities;
- The intern should not necessarily be entitled to a job at the conclusion of the program; and
- There must be a clear understanding that the intern is not entitled to wages.
Even if interns are unpaid, they may be covered under certain employments laws. In New York, lawmakers amended the state’s Human Rights Law to protect interns from discriminatory practices with regard to hiring, discharge, or terms/conditions of employment. In response to high-profile court decision dismissing a case by an unpaid intern, the law also now expressly prohibits sexual harassment of interns by employers, codifying both the quid pro quo and hostile environment tests for sexual harassment.
In New Jersey, proposed legislation would amend the Law Against Discrimination, the Conscientious Employee Protection Act, and the Worker Freedom From Employer Intimidation Act to include unpaid interns. Accordingly, employers could be held liable for harassment, discrimination, intimidation, and retaliation against this new class of workers. The bill passed the Senate last year, but is not yet law.
- Practices: Public Employment Law, Labor & Employment
- Locations: Red Bank, NJ, Little Falls, NJ, New York City
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
How Expert Witness AI Use Ends Up in Discovery
“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
Author: Chris Seelinger
The Screenshot Problem: Why Nothing Is Really Private Anymore
Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers
Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
BESS Interconnection: Managing Grid, Cost, and Schedule Risk
For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.