PUBLICATIONS

Topics Wage/Hour

Resource Update - Navigating the "Shadow Workforce" of Interns, Volunteers, Independent Contractors and Temporary Workers

Date   May 19, 2014
Summer is approaching and with it comes the end of the school year and a new crop of students hoping to gain experience in their chosen careers by working as interns or trainees.

Summer is approaching and with it comes the end of the school year and a new crop of students hoping to gain experience in their chosen careers by working as interns or trainees.  Additionally, non-profit organizations often see an increase in volunteers during the summer break.  These opportunities can be valuable for both the companies and the individuals involved, but companies must carefully delineate the responsibilities of trainee and volunteer positions and classify workers appropriately.  Failure to do so can result in unanticipated liability under federal and state wage and hour laws, as demonstrated by recent high-profile cases involving interns. 

FordHarrison has developed The Shadow Workforce: Blurred Lines Can Lead to Real Wage Hour Liability, a Toolkit to help employers navigate the complicated and often confusing parameters of employee classification. The Toolkit discusses the requirements for properly classifying volunteers; trainees and interns; independent contractors; and temporary workers as set out in case law and Department of Labor regulations. The Toolkit also provides best practices to help employers avoid wage and hour liability in these areas.

For information on how to request a copy of the Toolkit, visit the In Depth Analysis page of FordHarrison's Knowledge Center. If you have questions regarding any of the issues addressed in the Toolkit or other wage/hour issues, please contact the author of the Toolkit, Salvador Simao, ssimao@fordharison.com, who is a partner in our Berkeley Heights, New Jersey office and former Trial Attorney, U.S. Department of Labor, Office of the Solicitor. You may also contact the FordHarrison attorney with whom you usually work.