Polsinelli Podcast - To Pay or Not to Pay? The Rules for Summer Interns in 2014
Unpaid Internships: Are They Legal?
On July 22, 2014, Governor Andrew Cuomo signed an amendment to the New York State Human Rights Law ("NYSHRL"), adding a section relating to discriminatory practices against unpaid interns. The amendment, which gives unpaid...more
A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act. The OHSA currently gives that protection to paid workers only.
The current definition of “worker” under the OHSA...more
It is summertime and the schools are out. You get a call from an eager college student offering to intern at your company for free. It seems like a win-win situation, right? Your company wins by having someone finally get...more
The summer internship season is starting up, so it is a perfect time to evaluate your organization’s unpaid internship program. Unpaid interns can gain valuable, real world experience (tremendously helpful in this sluggish...more
Memorial Day weekend has passed, the Major League Baseball season is in full swing, and summer is upon us. With apologies to Roger Kahn, for us wage and hour practitioners, the “Boys of Summer”...more
Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more
Continued sluggishness in some sectors of our economy has left many students and recent college graduates without jobs and willing to consider working as unpaid “interns” in order to gain experience and connections in...more
In This Issue:
- Disability Policies and Forms May Violate ADA, EEOC Says
- Court Draws the Line Between Attendance and Physical Presence
- Using Medical Condition in Hiring Has ADA Implications, EEOC Says
A recent article in the New York Times discussed a new law giving unpaid interns in New York the right to sue if they are harassed or discriminated against by an employer. The legislation takes effect in June, a time of year...more
Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused...more
Employers of all varieties face lawsuits arising from claimed violations of employment laws. Often such violations are inadvertent and entirely avoidable. Here is a list of ten ways a human resources department may violate...more
Excerpt from Supreme Court Sides With Employers in Title VII Suits -
Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more
In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more
We have repeatedly cautioned that employers who are prepared to take on unpaid interns should enter into these arrangements with their eyes fully open. New developments emphasize this yet again....more
We’ve warned clients for some time now that businesses and other organizations should think carefully if they are considering the possibility of permitting unpaid internships. What might be described as the internship...more
In This Issue:
- Notes from the Chair & Executive Editor
- The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers
- Interns This Summer? Evaluating Your Unpaid Internship Programs...more
In This Issue:
- Thinking about Hiring an Unpaid Summer Intern? What You Need to Know
- Pets in the Workplace: Should Your Company Open its Doors to Employees’ Furry Friends?
- Excerpt from Thinking about...more
EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more
We have warned for some time now that businesses and other organizations should think carefully if they are considering the possibility of permitting unpaid internships. What might be described as the internship "season" is...more
Who, What, Why . . .
Who does it apply to: Every employer who has or intends to hire unpaid interns.
When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a...more
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