Employer Checklist & Internship Law

Transcription

1 Emplyer Checklist & Internship Law Five steps t creating a successful internship Step 1: Prepare fr an Intern Step 2: Plan the Internship Step 3: Find an Intern & Create an Agreement Step 4: D the Wrk Step 5: Reflect, Learn, Revise Surce: Checklist Review legal requirements fr bringing an intern int yur wrkplace Prepare wrksite and staff fr intern Establish gals and bjectives fr internship Identify cmpany persn that will be the primary cntact/mentr Create specific wrk plan fr intern and schedule Wrk with cmmunity partners t find an intern Cnduct interviews and select intern Create agreement f utcmes and expectatins with intern Start internship Cnduct scheduled reviews Cnclude internship and cnduct exit interview

2 Hsting a Yuth Intern r Emplyee Creating Gd Wrk Experiences What is an internship? An internship is a temprary psitin created within a business that benefits the hst business as well as prviding valuable wrk experience t a yung persn. An average internship ranges frm 10 t 40 hurs per week fr weeks, but they can be shrter r lnger depending n emplyer/student needs. Emplyer Best Practices: It is imprtant t make a wrk experience rewarding fr yung peple. Assign yuth t tasks that help build new jb skills, and expect t help them strengthen bth technical and sft skills, such as wrk readiness, taking initiative, and learning frm cnstructive feedback. Have high expectatins fr yung peple interning r wrking in yur business. An intern r yung emplyee shuld be expected t meet the same standards f prfessinal behavir as any ther emplyee at the hst business. Cnsider what benefits a yung persn wuld receive interning with yur business: pay, schl credit, a schlarship, mentring. There are many ways t reward yung peple gaining wrk experience with yur business. Dn t frget t evaluate yur intern during and at the end f their experience. Benefits t creating psitive wrk experiences: Hsting interns in rewarding rles can nt nly help yu t develp the wrkfrce in yur industry, it can create a future pl fr hiring skilled emplyees. Having new yuth emplyees cmplete tasks that prmte skill grwth will build strnger mre experienced wrkers within yur rganizatin. Hiring yung peple helps yu get things dne!

3 Oregn Law Regarding Paid & Un-Paid Internships If yu are hsting a Paid Intern please read t sectin 1. If yu are hsting an Un-Paid Intern please read sectin 2. Sectin 1 Definitin f a Paid Intern Under law a Paid Intern is cnsidered an emplyee and is cvered by the Fair Labr Standards Act's (FLSA) and lcal emplyment law. Sectin 2 Definitin f an Un-Paid Intern Certain interns are nt cnsidered emplyees if they wrk fr their wn advantage n the premises f anther, withut any express r implied cmpensatin agreement. Often, the arrangement is ne in which a student intern earns high schl r cllege credit in exchange fr participating in a training prgram cnducted by the emplyer. WH Publicatin 1297, issued by the U.S. Department f Labr, prvides the fllwing tests: Criteria fr an Internship t be Un-Paid When all f the fllwing criteria apply, interns r students are nt emplyees within the meaning f wage and hur laws: 1. The training, even thugh it includes actual peratin f the facilities f the emplyer, is similar t that which wuld be given in a vcatinal schl; 2. The training is fr the benefit f the interns r students; 3. The interns r students d nt displace regular emplyees, but wrk under their clse supervisin; 4. The emplyer that prvides the training receives n immediate advantage frm the activities f the interns r students; and n ccasin his peratins may actually be impeded; 5. The interns r students are nt necessarily entitled t a jb at the cnclusin f the training perid. 6. The emplyer and the interns r students understand that the interns r students are nt entitled t wages fr the time spent in training. If all f the abve criteria is nt met, the intern/student wuld be cnsidered an emplyee and subject t applicable law.

4 Interns/Students are cnsidered emplyees/paid interns and their wrk cvered by the Fair Labr Standards Act (FLSA) if: 1. They prvide essential services t the emplyer; r 2. They are wrking in a psitin where smene is nrmally paid; r 3. There is a histry f paying smene t d the same r similar wrk; r 4. Other peple are currently paid fr the same r similar wrk. Oregn Law Regarding Minrs Sectin 3 is nly applicable if yu are hsting an intern under the age f 18. Sectin 4 is nly applicable if yu need t file an exemptin frm fr students ages 16 and 17 s they can be emplyed in specific ccupatins declared hazardus by the Federal Child Labr Law. Sectin 3 Age and Wrk Hurs Fr purpses f emplyment, a "minr" is anyne under the age f 18. In general, a minr must be at least 14 years ld t wrk in Oregn. In rare circumstances, the Oregn Wage and Hur Cmmissin may allw yunger individuals t wrk. Interns ages There are n limits n the number f hurs 16 and 17 year-lds may wrk in a day. 16 and 17 year-lds may wrk up t 44 hurs per week. Interns ages and 15 year-lds may nt wrk during schl hurs, may nt wrk mre than three hurs n any schl day, and may nt wrk mre than eight hurs n nn-schl days. Als, 14 and 15 year-lds may nly wrk between the hurs f 7:00 a.m. and 7:00 p.m. (and as late as 9:00 p.m. between June 1 and Labr Day). 14 and 15 year-lds may wrk at mst 18 hurs per week during the schl year and 40 hurs per week when schl is nt in sessin.

5 Wrk Prhibited fr Minrs Several hazardus types f wrk are cmpletely ff-limits fr minrs. These include the peratin f mst pwer-driven machinery, including histing, wdwrking and cutting/slicing equipment. Als prhibited are tasks invlving expsure t dangerus wrksites, such as wrk in mines, n rfs and in areas cntaining radiactive substances. 14 and 15 year-lds are subject t greater restrictins, and are nt permitted t wrk in r arund mst kinds f pwer-driven machinery r n cnstructin sites, in warehuses, r at ther lcatins where pwer-driven machinery is used. There are sme exceptins fr wrk experience/student-learner prgrams, which meet specific criteria. Students under the age f eighteen may NOT be emplyed in the fllwing ccupatins: Manufacturing r string f explsives, including firewrks Lgging and Sawmilling Pwer-driven wdwrking machines* Crane peratin Metalwrking machinery* Meat cutting r packing* Pwer driven paper prducts machinery* Pwer driven bakery prducts Manufacturing brick r tile Use f circular saws r band saws* Wrecking r salvage ccupatins Rfing* Excavatin* *There is the pssibility fr students age 16 and 17 t be emplyed in these ccupatins if the student is emplyed under a Student Learner Exemptin t Hazardus Orders Agreement (see sectin 4). And the fllwing cnditins are in place. The emplyer has given safety instructins. The student is under direct and clse supervisin by a qualified persn. Hazardus prtin f wrk is incidental t training. Hazardus prtin f wrk is intermittent and fr shrt perids Sectin 4 Exceptins: (applies t 16 and 17 year ld student learners) With the Student Learner Exemptin Agreement, students can be emplyed in specific ccupatins declared hazardus by the Federal Child Labr Law. This agreement may nly be executed in apprved schl prgrams that prvide specific skills training and result in placement f students specifically related t that training. This agreement nly applies t 16 and 17 year ld student learners and specific ccupatins.

6 Student Learner Exemptin t Hazardus Orders Hazardus Occupatin Orders numbers 5, 8, 10, 12, 14, 16 and 17 cntain exemptins fr 16- and 17-year-ld student-learners if they are enrlled in a curse f study and training in a cperative vcatinal training prgram under a recgnized state r lcal educatinal authrity r in a curse f study in a substantially similar prgram cnducted by a private schl. Student learners may wrk in the abve hazardus ccupatins prvided they are emplyed under a written agreement stipulating: That the wrk f the student-learner in the ccupatin declared particularly hazardus shall be incidental t the training; That such wrk is intermittent and fr shrt perids f time, and under the direct and clse supervisin f a qualified and experienced persn. That the schl prvides safety instructins that are crrelated by the emplyer with n-the-jb training. That the emplyer prepares a schedule r agreement f rganized and prgressive wrk prcesses t be perfrmed n the jb. Each such written agreement must include the name f the student-learner, and be signed by the emplyer and the schl crdinatr r principal. This exemptin f the emplyment f studentlearners may be revked in any individual situatin if it is fund that reasnable precautins have nt been bserved fr the safety f minrs emplyed thereunder. (Surce: (Surce: Disclaimer: This dcument is intended t prvide guidance fr emplyers t hst internships. The intent is t cllect infrmatin n definitins, rules and restrictins that apply t bringing an intern int the wrkplace. This is a layman s interpretatin f publicly available infrmatin and nt intended t be interpreted as prfessinal/legal advice.