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Idaho Employment Law July 2, 2013 Newsletter

Summer Interns Paid or Unpaid?

Summer is upon us and many business owners look for college students to fill the role of summer intern. If you’re like many business owners you may be uncertain as to whether or not you have to pay these interns. Are unpaid interns entitled to pay and workers' rights? The U. S. Department of Labor has set forth the following six guidelines to help employers determine whether or not an employment relationship exists.

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;

2. The internship experience is for the benefit of the intern;

3. The intern does not displace regular employees, but works under close supervision of existing staff;

4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;

5. The intern is not necessarily entitled to a job at the conclusion of the internship; and

6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If all of these criteria are met, then an employment relationship does not exist under the FLSA, and minimum wage and overtime provisions would not apply to the intern; see also Fact Sheet #71, U.S. Department of Labor, Wage and Hour Division. To learn more about how Idaho Employment Law Solutions can help with your business law questions visit the Small and Medium Size Business Law page of our website.

Employment and Labor Laws for New Businesses

If you are starting a new business or company, it is important to thoroughly understand employment and labor laws as they pertain to your business. We stress preventative law to help our clients avoid expensive litigation. These resources from the U.S. Small Business Administration provide information about U.S. employment laws and regulations and how employers should comply with them. And while these resources are very helpful for understanding employment law, they cannot replace the skill and expertise of experienced lawyers. Enlisting a good lawyer for your employment and labor law matters can mean the difference between a successful negotiation or claim and losing thousands of dollars in litigation fees or lost claims. Not sure where to start? Contact Idaho Employment Law Solutions to make an appointment today. We can help you successfully navigate the employment and labor laws.

Crisis and Employment Law

The Boston Marathon bombings brought several issues to the forefront of national dialogue, including national security and the role of social media in a crisis. While discussed less, the tragedy also raised the issue of employment and labor law, as many businesses were forced to close and employees were unable to travel to work. This article from the Idaho Business Review outlines several employment law issues that arose during the crisis in Boston and often arise during or after natural disasters.


Other Idaho Employment Law Firm News

Ron Coulter presented to employers at a seminar sponsored by the Idaho Department of Labor.  The topic discussed was “Employees vs. Independent Contractor, I-9s; ‘Can you Pass an Audit?’”


Ron Coulter presented at an employment Law seminar “Employment Law Beyond the Basics” in Boise, Idaho sponsored by Sterling Education Services, Inc. Ron presented on “Advanced ADA and FMLA issues the Law and EEOC Guidelines as a Result of the ADAAA”.