The U.S. Department of Labor recently issued update Fact Sheet #71, clarifying that the key test for whether unpaid interns are owed overtime and minimum wage under the Federal Labor Standards Act is the “primary beneficiary” determination – i.e., whether the worker or the business benefits more. By its own terms, Fact Sheet #71 continues to apply only to for-profit businesses, albeit with a nod to nonprofit volunteers. In addition, it seems assumed that all internships are, or at least should be, carried out on a voluntary, non-compensated basis. How might a nonprofit think about an arrangement involving a paid intern?
Leadership Response to Sexual Harassment Complaints: A Step-by-Step Guide to Minimizing Your Risk of Liability
With all the attention that sexual harassment is getting in the media, you may be looking to shore up your organization’s policies and procedures. Not sure where to start? This blog post provides a step-by-step overview of common steps in leadership responses to sexual harassment complaints. That being said, every situation is different, many are tricky, and you may want to check with your counsel.
FLSA Developments: Overtime Pay Rule Invalidated by Court, While Trump Administration Takes Up Salary Threshold Question Anew
A federal trial court recently made permanent its hold on the new overtime rule promulgated by the U.S. Department of Labor, which would have dramatically increased the salary threshold for the “white-collar” employee exemption. Meanwhile, the U.S. Department of Labor has issued a “Request for Information,” seeking public comments about the salary threshold, with intriguing questions. What does this mean for employers? Nothing immediately, but all should stay tuned for further developments and continue their attentiveness to applicable overtime requirements.