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Interns, Volunteers, and Employees: Avoid the Costly Pitfalls - On-Demand

Interns, Volunteers, and Employees: Avoid the Costly Pitfalls - On-Demand

Product Code: YEWA102920A

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Interns, Volunteers, and Employees: Avoid the Costly Pitfalls - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Learn how to properly classify interns, volunteers, and employees to avoid hefty fines and penalties.


The FLSA requires for-profit employers to pay employees for their work. Interns and students, however, may not be employees under the FLSA, in which case the FLSA does not require compensation for their work. Interns who qualify as employees, typically must be paid at least the minimum wage and overtime compensation for hours worked over 40 in a workweek. Courts have used the “primary beneficiary test” to determine whether an intern or student is, in fact, an employee under the FLSA. In short, this test allows courts to examine the economic reality of the intern-employer relationship to determine which party is the primary beneficiary of the relationship.

Also, under the FLSA, an employer must pay minimum wage and overtime, but the Supreme Court has made it clear that the FLSA was not intended to stamp out volunteering. The FLSA recognizes the generosity and public benefits of volunteering and allows individuals to freely volunteer time to religious, charitable, civic, humanitarian, or similar nonprofit organizations as a public service. Volunteers will ordinarily not be considered employees for FLSA purposes if the individuals volunteer for organizations without contemplation or receipt of compensation. Additionally, the volunteer services must be given freely without coercion or undue pressure.

Learn how to properly classify interns, volunteers, and employees to avoid hefty fines and penalties.

At the conclusion of this program, participants will be able to:

  • know whether an intern should be paid
  • know whether work is volunteer or should be paid
  • understand the difference between employees and interns
  • understand the penalties of violating these laws

 

About Your Presenter

Meaghan MurphyMeaghan Murphy
Attorney
Skoler-Abbott

Attorney Murphy has more than six years of experience in general litigation and labor and employment law. She advises clients regarding all employment-related matters, including, but not limited to, compliance with state, federal and local laws, and discipline of employees. She will also create workplace policies for clients and represent them in various forums, including at the Massachusetts Commission Against Discrimination (MCAD), Commission on Human Rights and Opportunities (CHRO), government agencies, and in state and federal court.

Attorney Murphy is a graduate of Amherst College, and received her law degree from Western New England School of Law. She was named to the Super Lawyers® “Rising Star” list in 2018 and 2019. She has also been an active volunteer with Hampden County Big Brothers Big Sisters since 2018.