Summarize the Relevant Facts of the Case
Based on the analysis of the scenario, it is evident that the internship program had some favorable and adverse facts related to employment law enforcement. For instance, conducting a successful internship program requires a company to attach an intern to a mentor responsible for overseeing and providing a guideline to the intern. The program also needs the company to take responsibility for taking interns through the different departments of the company and create awareness of the existing programs that should be achieved through the program. Technowave Company has achieved this objective as the company’s CEO takes responsibility for taking the interns through different departments and attaching them to the mentor responsible for supervising their work and signing off the learning plan. Through this process, the interns will be in a position to learn through the organization culture and whatever it takes to be recognized in the company. Despite the existence of strength, it is evident that the company has failed on various occasions (FLSA, 2013). For example, taking the interns through the company’s department was unable to have a project which people should learn. Similarly, there were no established mechanisms for measuring the achievements that the interns would achieve after completing the intern.
What Elements Must Be In Place For There To Be Considered A Good Intern Learning Program At An Organization?
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The good intern program is associated with several aspects such as the establishment of well-defined projects that an intern should achieve after completing an internship program. In such circumstances, the law requires companies to set an internship program that interns can see through from the start to the end of the program, and the program should be relevant to the business. There should also be well-established mechanisms for measuring success just like the human resource manager would manage the other employees in the organization (Requesting Flexible work hours, 2010). The goals should be achievable provided that the intern puts effort and commits to meeting such objectives. There should also commit to helping the intern to succeed especially by attaching the intern to a mentor capable of offering training to the students. In circumstances where the intern concludes, the company can have an opportunity for opening chances for job opportunities as well as providing feedback to the intern.
What Are The Legal Criteria To Differentiate Between An Intern And An Employee?
The legal criteria for differentiating between an intern and an employee can be perceived from different dimensions. For instance, interns work with an objective for meeting academic goals, and their work most likely lies within the educational context. Interns also work for a specified period which coincides with their academic program, and it requires employers to adhere to the signed contract of the program (Best practices for employers in a hiring interview, 2013). Employers interns usually understand the notion that they should not be entitled to payment especially under the period spend during the internship program. On the other hand, employees are designed to offer services for the benefit of the organization, and they are not entitled to payment for the services they offer to the company. Since interns operate as trainees, the employees have an authority of guiding interns to achieve their academic goals.
Must An Employer Pay Wages To An Intern And If So Under What Circumstances And If Not Why Not?
Interns are not intended to become a source of free labor to organizations. As a result, the department of labor has entitled employers to pay interns except in six different situations. The first exception involves a situation where the training is similar to the one which would occur in an academic or vocational setting (Wages and the Fair Labor Standards Act, 2013). The second category is where the training is specifically for the benefit of the intern but not the employer. In cases where the interns do not replace regular employees, the employer is not entitled to pay the intern otherwise stated. This issue extends to circumstances where the employer does not receive immediate benefit from the intern as well as in situations where there is a mutual understanding that the employer is not entitled to payment.
What can the organization do to avoid any misconceptions around the intern program?
In an attempt of avoiding misconception on internship programs, companies need to focus on several aspects such as intern verification process. Companies tend to take interns without taking into consideration their level of commitment in their application letters and their records (Performing an employee background Check, 2013). As a result, organizations can avoid such misunderstandings by focusing on vetting interns to choose reliable students. Companies also need to revise and become aware of the legal requirements for interns and avoid any misunderstandings that would occur as a result of a violation of the company's legal obligations. Organizations should also focus on understanding the learning opportunities that an intern intends to achieve thus creating a viable approach for identifying the learning program.
When Be Will A School Liable If An Intern Is Injured In The Workplace And When Would An Employer Be Liable?
The school is held liable for compensating an intern in circumstances where the program is an actual education program. In circumstances where the intern is under the education program, there is an indication that they are not covered by the employer. The employer is responsible for paying the on job injury to interns if the interns fit in the category of employees. For example, if the intern works for the benefit of the employer and can displace other workers, the employer is entitled to compensate for the on the job injury.
Is an intern entitled to workers’ compensation if injured on the job? If so why and if not why not?
An intern can be entitled to workers compensation when injured on work and may also fail to be entitled depending on the nature of the contract. In the internship program is a purely academic one, interns are not entitled to workers compensation. However, in circumstances where the employees meet the categories employees such as entitled to payment and working for an immediate benefit for the employer, they are entitled to workers compensation.
Is It Advisable To Have The Intern Sign “Hold-Harmless” Or Indemnity Agreements Or Releases Of Liability? Why Or Why Not?
It is not advisable to have students sign the hold harmless or indemnity agreements on their own without the involvement of the school or the university. In circumstances where the employers require interns to sign such contracts, it should be done by the university with an objective of avoiding over reliability of the students (Wages and the Fair Labor Standards Act, 2013) In situations where employers and organizations may require students to sign such agreements, the university should do them, authorized signatories,.
Identify and discuss three steps that would prevent the type of situation discussed in the scenario from happening again. The measures should be feasible, transparent and legal.
In an attempt of preventing the occurrence of the scenario, Technowave Company should follow three different steps. The first step should focus on creating clarity with the university about the purpose of the internship program thus identifying the internship project (Employee Eligibility verification, 2013). This process will be focusing on determining whether the internship is an academic or it can be extended to the benefit of the organization. The second step should involve creating a significant difference between employees and interns based on their obligations in the organization. In circumstances where interns are perceived to be academic, they should be not entitled to any befit to the organization or any compensation for their work. However, if they have to be given duties that will benefit the company, they should be entitled to minimum wages. The last step regards compelling the university authorized signatories to sign liability or indemnity agreement to avoid the occurrence of misunderstandings between the employer and the interns. These agreements should relate to the next step that the company should take upon completion of the training session.
References
Best practices for employers in a hiring interview (2013). Retrieved from: file:///C:/Documents%20and%20Settings/hp/My%20Documents/Best%20Practices%20in%20a%20Hiring%20Interview.pdf
Employee Eligibility verification (2013). Retrieved from: file:///C:/Documents%20and%20Settings/hp/My%20Documents/Employment%20Verification%20Information.pdf
http://charlottenc.gov/HR/Documents/Flexible%20Work%20Schedule.pdf
http://www.dol.gov/whd/flsa/index.htm
Performing an employee background Check. (2013). Retrieved from: file:///C:/Documents%20and%20Settings/hp/My%20Documents/Performing%20Background%20Check.pdf
Requesting Flexible work hours: City of Charlotte, (2010). Retrieved from:
Wages and the Fair Labor Standards Act (FLSA) (2013). Retrieved from:
