It contains regulations and other documents filed with the Legislative Reference Bureau under the act of July 31, 1968 (P. L. 769, No. It is unlikely that an intern would be considered an independent contractor. These new laws expand and further define mandated . All rights reserved. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. The Pennsylvania Code website reflects the Pennsylvania Code Do we have to pay our interns (For-Profit Corporations)? All rights reserved. Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case. Pennsylvania employment laws cover everything from meal breaks and minimum wage, to workers' compensation and overtime. How much exposure to the whole business is expected for an internship? SEARCH CODE Refined Text Search (by Title) BULLETIN Applications for the summer 2022 internship should be received by March 31, 2022. Pennsylvania laws surrounding pay day requirements, including the code sections, with information about mandatory overtime and links to related information and resources. Depending on the internship type, interns can expect to gain experience with tree, shrub, and plant identification, equipment operation, herbicide application, wildlife capture and marking techniques, public interaction, and the creation of educational materials. Our office has multiple vacancies available throughout the year. Governor's Office of Homeland Security internships are 120 . receive paid sick days, depending on the location of the work and the length of time of the internship. You have successfully saved this page as a bookmark. 639. 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. McNees Wallace & Nurick LLC is a full-service law firm. Example: 1 Pa. Code 17.51. Orrick, Herrington & Sutcliffe LLP is a leading global law firm with a focus on serving companies in the technology, energy and financial sectors. : Governor Signs Law Protecting Unpaid Interns from Discrimination Gov. Courts have described the primary beneficiary test as a flexible test, and no single factor is determinative. requirements, the company should ensure that the Under the close supervision of professional staff, previous DEP interns have assisted with work related to West Nile Virus, Black Fly, acid mine drainage, dam safety, and oil and gas. Counseling Licensure in Pennsylvania. www.employment.pa.gov/ Available intern positions are posted individually and indicate the requirements, location and specific job duties of that internship. Content Editor. Pennsylvania Fair Educational Opportunities Act (PFEOA), which is specific to postsecondary education and secondary vocational and trade schools. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} The complexity of the work assigned may depend on workload demands and/or the student's demonstrated abilities during the internship. And if you are mistakenif this student is more appropriately classified as an employee in the eyes of federal and state regulatorsyou may find yourself in violation of applicable tax, wage and hour, wage payment, immigration, workers compensation laws, the Employee Retirement Income Security Act, and a host of other state and federal laws. Interns may also occasionally interact with other PGC employees on forestry or GIS/mapping projects. Copyright 2023, Thomson Reuters. 1L Patent Litigation & Patent Prosecution Fellowships. Cite all material in the Pennsylvania Bulletin by volume and page number. Please log in as a SHRM member before saving bookmarks. For unpaid interns, and, particularly those The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. Companies, however, have a right to (1) ensure that their proprietary, confidential and trade secret information The Department of Labor (DOL) uses a six-part test to determine whether an intern must be paid under the Fair Labor Standards Act (FLSA). internship program - if the intern is not deemed to be an employee, then benefits are not required to be provided. Keystone State. 8372 (December 31, 2022). getting school credit for the internship are getting reviewed in a way that will support the students credit requirements. [CDATA[/* >