How the Fair Labor Standards Act (FLSA) applies to interns, trainees, and volunteers

Brett Holubeck
Brett Holubeck | Fisher Phillips

Brett takes a practical approach to counsel and defend businesses and individuals in employment law issues and disputes. He knows that good preventative measures are crucial to avoiding litigation and improving performance and employee morale.

On-Demand: October 22, 2024

2 hour CLE

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Program Summary

This session will examine how the Fair Labor Standards Act (FLSA) applies to interns, trainees, and volunteers, focusing on the distinctions between employees entitled to minimum wage and overtime and those exempt from these requirements. The discussion will include case law from various circuit courts and Department of Labor (DOL) guidelines, offering practical insights for ensuring compliance in different sectors.

Key topics to be discussed:

  • Understanding FLSA And Employee Classification
  • Interns: Determining Employee Status
  • Trainees: Classification And Compliance
  • Volunteers: What’s Allowed in The Private Sector
  • Best Practices for Compliance

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Brett Holubeck_myLawCLEBrett Holubeck | Fisher Phillips

Brett takes a practical approach to counsel and defend businesses and individuals in employment law issues and disputes. He knows that good preventative measures are crucial to avoiding litigation and improving performance and employee morale. Brett advises on employee handbooks, drafts employment agreements, helps ensure compliant policies, and understands the importance of having the right policies and practices in place. He has handled wage and hour, employee leave, noncompete, and labor relations matters, as well as represented companies before the NLRB.

Finally, Brett runs his own blog, texaslaborlawblog.com covering various employment and labor law issues.

Agenda

I. Understanding FLSA And Employee Classification | 1:00pm — 1:20pm

  • FLSA’s requirements concerning minimum wage and overtime pay

II. Interns: Determining Employee Status | 1:20pm — 1:40pm

  • An in-depth look at the “primary beneficiary” test used to determine whether an unpaid intern is an employee under the FLSA

III. Trainees: Classification And Compliance | 1:40pm — 2:00pm

  • Discussion of how the FLSA applies to trainees in various industries

Break | 2:00pm – 2:10pm

IV. Volunteers: What’s Allowed in The Private Sector | 2:10pm – 2:35pm

  • Avoiding common pitfalls and preventing misclassification lawsuits

V. Best Practices for Compliance | 2:35pm – 3:10pm

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