Mission:
"To
influence legislative issues in Maryland related to HR management practice
and in accordance with the Association's purpose of advancing the HR
discipline; and to act as liaison to Maryland's governmental entities
within the legislative, executive and judicial branches."
G.A.C.
Members
Committee
Chair:
Greta L. Engle
- Kelly Benefit Strategies
Committee Members:
Jane Davis - Kelly & Associates
Insurance Group
Gregory
Derwart
Michael DiMaggio
- Fidelity Engineering
Rosalind Howard - Mayor's Office of Employment Development
Daniel Lasson, PHR
- Murthy Law Firm
Donna Shopulski - Alban Cat
Sara A.
Stark, SPHR, CCP, CBP - LifeBridge Health
Christine V. Walters,
MAS, JD, SPHR - FiveL Company
Phil White - Boxwood Technology, Inc.
Maryland Legislative Links
A Guide to Maryland Government
www.msa.md.gov/msa/mdmanual/html/mmtoc.html
Maryland General Assembly Home Page
http://mlis.state.md.us/
Maryland General Assembly Roster & List of Committees
http://mlis.state.md.us/other/roster/roster.htm
Who are your elected officials
http://mdelect.net/
U.S. DOL Issued Updated Fact Sheet (#71) on Internship Programs
As summer approaches and employers engage in partnerships with local academic institutions, many consider using summer interns as a part of school-to-work programs. In April the U.S. Department of Labor (DOL) published an updated Fact Sheet (#71) reminding employers about how to properly classify an intern as paid versus unpaid. While this information is not new they serve as a good reminder of what an employer should consider before properly classifying a worker as an unpaid intern. The fact that the DOL chose now to publish this reminder may also reasonably indicate the Department's intent to monitor these classifications more closely in the upcoming months. The DOL considers six factors to determine whether an internship has been properly classified as unpaid in the private sector. Unlike assessing the classification of an independent contractor in which a variety of factors are weighed against one another, all six of the following factors must be met in order to properly classify an intern as unpaid:
1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment.
2. The internship experience is for the benefit of the intern;
3. The intern does not displace regular employees, but works under close supervision of existing staff;
4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If you are a public or non-profit sector employer you should note that the DOL is considering issuing guidance for the classification of unpaid interns in those sectors. Consider, too, that volunteers may pose another classification challenge for employers. In June 2009, Reuters reported that volunteerism was on the increase, "Applications for the AmeriCorps rose 234 percent this year compared with last. Similarly, Teach for America, the program that sends America's brightest college graduates to teach in its poorest schools, saw a 42 percent increase in applications this year...There is more of a desire to serve the community among people in [their] 20s and 30s." Remember that just because someone volunteers to work for free does not mean it is legal to permit them to do so. Unlike the test for interns, the DOL uses a three factor test to determine whether an individual is properly classified as an unpaid volunteer. Generally the individual:
1. works part time in the volunteer role;
2. works for a religious, civic, or humanitarian organization; and
3. works for a religious, civic, or humanitarian objective.
When classifying any worker as something other than an employee, be it an unpaid intern, volunteer or independent contractor you should review the classification with your company's employment counsel. And don't forget that if your company is looking for ways to support and advance school-to-work programs you might consider participating in CHRA's Pathways to Success program!
