How the Fair Labor Standards Act (FLSA) applies to interns, trainees, and volunteers

Brett Holubeck
Brett Holubeck | Fisher Phillips

Brett takes a practical approach to counsel and defend businesses and individuals in employment law issues and disputes. He knows that good preventative measures are crucial to avoiding litigation and improving performance and employee morale.

On-Demand: October 22, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

This session will examine how the Fair Labor Standards Act (FLSA) applies to interns, trainees, and volunteers, focusing on the distinctions between employees entitled to minimum wage and overtime and those exempt from these requirements. The discussion will include case law from various circuit courts and Department of Labor (DOL) guidelines, offering practical insights for ensuring compliance in different sectors.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Understanding FLSA And Employee Classification
  • Interns: Determining Employee Status
  • Trainees: Classification And Compliance
  • Volunteers: What’s Allowed in The Private Sector
  • Best Practices for Compliance

Closed-captioning available

Speakers

Brett Holubeck_FedBarBrett Holubeck | Fisher Phillips

Brett takes a practical approach to counsel and defend businesses and individuals in employment law issues and disputes. He knows that good preventative measures are crucial to avoiding litigation and improving performance and employee morale. Brett advises on employee handbooks, drafts employment agreements, helps ensure compliant policies, and understands the importance of having the right policies and practices in place. He has handled wage and hour, employee leave, noncompete, and labor relations matters, as well as represented companies before the NLRB.

Finally, Brett runs his own blog, texaslaborlawblog.com covering various employment and labor law issues.

Agenda

I. Understanding FLSA And Employee Classification | 1:00pm — 1:20pm

  • FLSA’s requirements concerning minimum wage and overtime pay

II. Interns: Determining Employee Status | 1:20pm — 1:40pm

  • An in-depth look at the “primary beneficiary” test used to determine whether an unpaid intern is an employee under the FLSA

III. Trainees: Classification And Compliance | 1:40pm — 2:00pm

  • Discussion of how the FLSA applies to trainees in various industries

Break | 2:00pm – 2:10pm

IV. Volunteers: What’s Allowed in The Private Sector | 2:10pm – 2:35pm

  • Avoiding common pitfalls and preventing misclassification lawsuits

V. Best Practices for Compliance | 2:35pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Approved for Self-Study Credits
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General hours

Maryland

No MCLE Required
2 General hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

The Federal Bar Association reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Pending CLE Approval
2.4 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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