Yesterday, we looked at a wage/hour lawsuit involving interns who worked on the Oscar-winning film “Black Swan.” Today, the California-specific rules on interns— and an introduction to a can’t-miss event later this year that will get you fully up to speed on all things workplace-compliance related in California.
California Rules on Interns in the Workplace
In 2010, the state Division of Labor Standards Enforcement (DLSE) noted in an opinion letter that it has historically followed federal interpretations that recognize the special status of interns who perform some work as part of an educational or vocational program.
It cited the following 6 federal criteria (which we also discussed yesterday):
1. The internship, even though it includes actual operation of the employer’s facilities, is similar to training that would be given in an educational environment.
2. The internship experience is predominantly for the intern’s benefit.
3. The intern does not displace regular employees but works under the existing staff’s close supervision.
4. The employer that provides the training derives no immediate advantage from the intern’s activities, and its operations may actually be impeded on occasion.
5. The intern isn’t necessarily entitled to a job when the internship ends.
6. The employer and the intern understand that the intern is not entitled to wages for time spent in the internship.
Register now for the 2012 California Employment Law Update conference and save $100!
11-Factor Test at State Level—No Longer Applicable?
Previously, however, the DLSE had laid out an “11-factor test” that included the six DOL factors plus the following five additional factors:
7. Whether clinical training is part of an educational curriculum.
8. Whether the trainees or students do not receive employee benefits.
9. Whether the training is general, so as to qualify the trainees or students for work in a similar business, rather than designed for a job with the employer offering the program (i.e., on completing the program, the trainees or students must not be fully trained to work only for the employer offering the program).
10. Whether the program’s screening process is not the same as for employment, and does not appear to be for that purpose, but involves only criteria relevant for admission to an independent educational program.
11. Whether the program’s advertisements are couched clearly in terms of education or training, rather than employment, although the employer may indicate that qualified graduates will be considered for employment.
In the 2010 opinion letter, the DLSE applied only the DOL criteria and concluded the program that was the subject of the letter satisfied the six criteria—and the interns were exempt from California’s minimum wage law.
It would seem, then, that the DLSE may also dispense with the additional five factors going forward. Stay tuned for future updates to California law in this area.
Wage/Hour, FMLA, Meals & Breaks, and More—Just for California Employers
Being an HR professional in California is a high-hazard sport, to say the least. In addition to juggling all of the federal rules and requirements, you need to keep track of a very nit-picky set of state-specific, highly employee-friendly rules.
Which is why we hope you’ll consider joining us this fall for the 7th annual California Employment Law Update conference in Berkeley!
This acclaimed annual event, specifically designed for California employers, delivers rock-solid, bottom-line value with practical guidance for overcoming the latest HR challenges in California.
Join us and learn the latest on…
EMPLOYMENT LAW ENFORCEMENT
The EEOC is ramping up, requesting for 2012 an $18 million budget increase over 2011 and slots for 30 new investigators. And California is stepping up its enforcement game, too. What can you as a California employer expect from this new spotlight on the state and federal antibias laws? An uptick in claims of disability bias, age bias, bias on the basis of genetic information, and more. It’s time to get prepared.
- Equal Employment: Learn how to protect yourself from litigious employees and zealous government investigators
- NLRB: Get up to speed on the NLRB’s latest pro-union initiatives—and learn how to stay off its radar
- Wage/hour: Avoid the most common—and costly—employee misclassification errors that can destroy your reputation and your bottom line
- OFCCP: Don’t get caught in a costly spot inspection—we’ll explain how to stay out of trouble
FMLA/CFRA & ADA COMPLIANCE
The new ADAAA regulations have dramatically changed the face of FMLA—now, because so many more people with “serious health conditions” are also considered “disabled” under the ADAAA, the 12-week cap on FMLA leave may be turning into a thing of the past in many cases. And, of course, the California Family Rights Act (CFRA) already gives employees heightened protections. How to legally accommodate your employees and keep your business running smoothly these days?
- Get up-to-the-minute guidance on complying with both ADAAA and FMLA/CFRA—including recent court cases interpreting the intersection of the two types of leave
- Learn how to ensure your documentation on employee leaves is complete and correct
- How to properly manage obesity, mental disability, substance abuse, and more under both the ADAAA and the California Fair Employment and Housing Act (FEHA)
- Find out why disability discrimination claims have spiked recently—and, even more importantly, how to avoid becoming part of this trend
SOCIAL MEDIA
You may or may not be on Twitter, Facebook, LinkedIn, Google+, and so on. But your employees are—and their social media habits could be costing you big in lost productivity. They could even be setting you up for a damaging lawsuit, depending on what they’re saying and how far they’re spreading the word. You won’t want to miss our up-to-the-minute social media session, where you’ll learn:
- Why you absolutely must have a social media policy—and what should be in it
- How social media can be HR’s best friend or worst enemy, depending on how you manage it
- The fine line between monitoring your employees’ social media usage and overstepping the considerable privacy protections they enjoy under California law
- How social media can help you avoid a bad hiring decision, which can cost twice an exiting employee’s salary
HIRING & RETENTION
As the economy finally—finally!—gets back on its feet, it’s time to shift the focus from survive to thrive. Learn how to keep your superstars and find the next crop of incredible talent, while keeping employees at all levels engaged and involved in your business.
- Will 2012 be the Year of the Employee Backlash? Could be, says Forbes. How to protect your workplace from demotivation and ship-jumping
- How to find—and land—the best and brightest and encourage them to stay with you for the long haul
- Effective tips for handling compensation increases after years of flatlining (or even salary decreases, in some cases)
- Strategies for avoiding candidates who are exceptional interviewees but sub-par employees
- Practical tips for developing talent from within
- And much more!
You’ll earn up to 15.5 hours of California-specific HRCI recertification credit, and MCLE credit is also available. Best of all, if you register before May 31, you’ll save $100 off your registration!
It’s an unbeatable deal—click here for all the details. We hope to see you there.
Download your free copy of Who’s Entitled To Overtime: How To Avoid Mistakes When Classifying California Employees today!