Interns For Your Business

Offering students an internship to gain hands-on work experience is a beneficial opportunity for everyone, if executed properly.  To ensure a positive outcome for both parties, the Society for Human Resources Management (SHRM) recommends keeping these six requirements in mind when creating internships if the position is unpaid:

• The training should resemble an educational program where the internship provides students with real life educational experiences that can only be gained outside a classroom.  Students should be able to apply what they have learned in the classroom to their experiences in the workforce.
• The employer should structure the internship toward an educational goal, including ongoing instruction and supervision.
• The training is for the benefit of the trainee and is not intended as a way for businesses to take advantage of free work.  The experience will increase the intern's chances of being hired in the job market and/or allow them to earn academic credit.  A key point, according to  SHRM is, "unpaid interns who fall into the category of 'trainees' rather than 'employees' frequently perform tasks that are useful only for training purposes and that provide little to no benefit to the employer."
• Trainees or students should not displace regular employees nor be entrusted with the same work as a regular employee or a recently departed employee; nor may the employer lay off an employee to be replaced by a student or trainee.
• Employers should have a policy with strict supervision of interns and assign a mentor.  Supervisors should actively participate with interns.
• The employer should derive no immediate advantage from the activities of trainees or students.  SHRM suggests that "a key caution is if the employer is the primary beneficiary of an internship, for example, and the employer reduces costs or accomplishes necessary tasks through the intern, the DOL will consider the intern an employee under the FLSA.  If the intern is the primary beneficiary of the experience, the DOL is much more likely to consider the intern a trainee."

"Please note trainees or students are not entitled to a job at the end if the training.  To ensure that the intern has no expectation of employment, the DOL recommends that an employer draft a written agreement with the intern stating that the intern should have no expectation of employment and should not presume any guarantee of employment after the internship.  Though an employer should make it clear that an intern is not entitled to a job at the conclusion of the internship, employers should not be discouraged from offering jobs to interns.  

The employer and trainees/students understand that trainees/students are not entitles to wages for the time spent in training.  before beginning the relationship, employers should draft a written agreement stating that payment for the intern's services is neither intended nor expected during the internship."

This article should not be construed as legal advice.

The Shoe is on the Other Foot

When it comes to filling a vacant position, there’s a lot of planning that goes on, especially when it comes to interviewing the candidate.  But one thing that many employers forget is that the interview process is a two-way street.  Not only is the employer interviewing the candidate to make sure the candidate is the right “fit” for the position and the organization, but the candidate is also interviewing the employer.

The candidate likely wants details about the organization, the job, and “what’s in it for me.”  As such, employers should be prepared to answer a number of questions from the candidate, including but obviously not limited to:

·         Why is the position vacant?

·         If it’s a new position, what brought about the need for the position?

·         If it’s a position that’s been around for a while, has there been any changes to the responsibilities, and if so, why?

·         What is the most challenging aspect of the position?

·         What are the top three priorities of the position?

·         If the job posting does not otherwise specify, what percentage of time is spent in meetings, travelling, writing or presenting reports, etc.?

·         Where does the position fit in the organization in terms of influence and status?

·         What three words would you use to describe the culture of the organization?

·         How is this position perceived by others in the organization?

·         What major initiatives is the organization taking on right now (e.g., growth, new products, increased competition, layoffs, etc.)

·         How does the organization value its employees and include them in decision making?

·         How available are members of the executive team to employees at every level of the organization?

·         What are the compensation and benefits for this position, including medical insurance, hours, training reimbursement, flexible work schedule, etc.?

·         The candidate may also ask questions about the interviewer(s) including:

o   How long have you worked for the company and/or held your current position?

o   What do you like most about the company?

o   What is one area that you think the company should improve upon?

o   What interaction do you have with the position you are looking to fill?

Just as employers want to make sure they hire an individual who has the right knowledge, skills and ability to perform the essential functions of the job, candidates also want to make sure they work for a company where their knowledge, skills and ability will be put to use and where they will be valued and respected.

This article should not be construed as legal advice.

Same Sex Marriage in the Workplace

Without addressing the social, moral or religious arguments, the topic of same sex marriage has direct and indirect consequences to employers. 

As more states pass legislation recognizing same sex marriage, it is imperative that employers understand the law, as well as implement its provisions in a timely and accurate manner.  In some cases, the legislation may be as broad as prohibiting discrimination in the terms and conditions of employment when it comes to an employee’s civil union status or sexual preference.  In other cases, it could mean offering the same benefits to same sex partners as are offered to individuals who are legally married.

But there are other areas that employers must address when it comes to same sex marriage.  For example, some individuals in your workplace may not approve of, or support, same sex marriage and may vocalize their opinions openly.  These comments may be offensive to individuals who are involved in a same sex marriage as well as to others who support same sex marriage in general.  As a result, the employer may need to address complaints of hostile work environment, harassment, discrimination and unprofessional conduct or other violations of company policy.  If the comments include threats, company policies prohibiting violence in the workplace may also be implicated.

To minimize these issues, the employer should proactively provide diversity training to all employees and emphasize the need to respect others.  Employers should openly discuss any changes to federal or state law regarding same sex marriage and its impact on the workplace as well as the employer’s and each employee’s obligation to comply with the law.  A discussion on the consequences for violating the law and/or company policy should also be addressed.

Finally, it is important for the employer to review its internal policies and procedures and identify areas that may not provide the same rights or protections to individuals in same sex marriage compared to individuals who are legally married.  Once these areas are identified, the employer should identify if they are legally required to or otherwise want to offer the same rights and protections to both groups.

This article should not be construed as legal advice.

Summer Hires... What You Need to Know

Ice cold lemonade.  Tank tops.  Bathing suits.  Melted ice cream.  Are you thinking what I'm thinking??  It's about that time when the sun starts shining brighter and you need to begin thinking about hiring for the summer.  As business picks up for your organization, you may be considering adding a few extra bodies to your payroll.  Hiring teens is a great way to increase your productivity during your busy season, while providing new experiences to a future member of our workforce.

Just make sure you know the rules!  Many states require age verification at a minimum for hiring those under age 18.  Check here for your specific state's requirements: http://www.dol.gov/whd/state/certification.htm.

Here are a few of the basic rules that are pretty consistent across the board:

• Employers may not hire minors younger than 14 years of age.
• Teens age 14 and 15 may legally work between June 1 and Labor Day between the hours of 7 am and 9 pm.
• During the school year, teens age 14 and 15 may only work between the hours of 7 am and 7 pm.... And may work no more than 3 hours on a school day and 18 hours in a school week... And no more than 8 hours on a non-school day and 40 hours during non-school weeks

With these tight restrictions, there are both benefits and challenges for you, as an employer, to hire teens during the summer months.  Teenage workers without a work history may require close supervision and more instruction and repetition to learn a task.  But you can help them develop good working habits by encouraging them to ask questions and always request assistance when they need help.  Patience is the key!  And, of course, always stress the importance of safety on the job.  

Good luck with the employee hunt and have a wonderfully warm summer!