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As summer approaches, intern season begins. Fisher & Phillips, an Atlanta-based labor and employment law firm with an office in Tampa, advises firms with internship programs to take these steps to ensure they don't violate any federal rules in taking on the extra help.
• Paid or unpaid — The U.S. Department of Labor provides a six-part test for an unpaid internship to be in compliance with the Fair Labor Standards Act. It will be difficult for for-profit employers to satisfy this test.
• Hourly or salaried — An intern most likely will need to be treated as an hourly employee. As a non-exempt employee, the intern will need to be paid an hourly rate, as well as overtime when applicable.
• Orientation and training — As a summer internship is only a few months in duration, it may be tempting to forgo training. However, an employer has an obligation to prevent and correct unlawful workplace harassment. Interns should undergo employee training and sign an acknowledgement of having reviewed anti-discrimination and other policies.
• Duration — If the internship is truly just for the summer, be up front with interns as to when it ends and whether they can expect future employment. This will protect you from a potential breach-of-contract lawsuit.
• Offer letter — When offering an intern position, an employer should use an offer letter that clearly states expectations, requirements, duration and hourly rate. Require the intern to sign the letter upon acceptance of employment as an intern, which allows you to avoid a lawsuit if the intern is not offered a job.
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