Smart Benefits: Planning on Summer Interns? Know the DOL Rules
Monday, January 14, 2019
And last year, the DOL issued new guidance to help employers determine whether an unpaid intern is an employee or not.
Instead of the previous six-part test, the DOL now follows the courts and uses the “primary beneficiary” test to identify whether an intern of a for-profit employer is actually an employee.
As part of the test, the following factors are taken into account, with no single one being determinative:
- The extent the intern and employer understand there is no expectation of compensation (a promise of compensation suggests an intern is an employee, and vice versa)
- The extent to which the internship provides training similar to what would be giving in an educational environment
- The extent to which the internship is tied to the intern’s formal education program
- The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar
- The extent to which the internship’s duration is limited to the period in which it provides the intern beneficial learning
- The extent to which the intern’s work complements rather than displace the work of paid employees while providing educational benefits to the intern
- The extent to which the intern and employer understand the internship is conducted without entitlement to a paid job at its conclusion
Employers must perform an analysis of each internship to determine the intern’s status. If a review reveals an intern is actually an employee, then they are entitled to both minimum wage and overtime pay under the FLSA.
Rob Calise is the Managing Director, Employee Benefits of The Hilb Group of New England, where he helps clients control the costs of employee benefits by focusing on consumer-driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance
Related Articles
- Smart Benefits: Faith-Based Healthcare Sharing: an Option to Insurance?
- Smart Benefits: 2019 Commercial Health Insurance Rates Approved
- Smart Benefits: 4 Things to Know About Inclement Weather & Closing Policies
- Smart Benefits: Could 401(k)s be the Answer to Student Debt Repayment Benefits?
- Smart Benefits: Share Value of Benefits with Total Compensation Statements
- Smart Benefits: With Stress Piling On, Employers Can Help Workers with Financial Wellness
- Smart Benefits: 5 Steps to Open Enrollment Success
- Smart Benefits: Summary Annual Reports Due Sept. 30
- Smart Benefits: The Cost of Noncompliance With Workplace Laws
- Smart Benefits: ACA Update - Continue to Comply
- Smart Benefits: Proposed Rule to Alleviate Reporting Burden on Large Businesses
- Smart Benefits: Survey Shows Annual Health Insurance Premiums Up 5%
- Smart Benefits: The Role of Analytics in Employee Benefits
- Smart Benefits: Reduce Winter Weather Workplace Risks
- Smart Benefits: Updated ACA Reporting Forms Available for 2019
- Smart Benefits: More Employers are Offering Telehealth – Should You?
- Smart Benefits: The ACA Court Ruling - What You Need to Know
- Smart Benefits: Tips to Address Tardiness
Follow us on Pinterest Google + Facebook Twitter See It Read It