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Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Can our company give 2-16 hours of non-paid training before hiring someone? We would consider them a trainee, and also consider hiring them following successful training.
Thanks for your insight.
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Forums » Topic Forums » Legal Forum » Trainees
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Trainees
posted at 7/1/1999 10:54 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
This looks like a a risky program to me. The FLSA requires minimum wage be paid to employees. To "employ" in turn, is to "suffer or permit to work." I've read one case that says that if all six of the following criteria apply, the trainees are not employees within the meaning of the Act:
* The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school. * The training is for the benefit of the trainee. * The trainees do not displace regular employees, but work under close observation. * The employer that provides the training derives no immediate advantage from the activities of the trainees and on occasion his operations may actually be impeded. * The trainees are not necessarily entitled to a job at the completion of the training period. * The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training. However, that court explained that the six factors are meant as an assessment of the totality of the circumstances. You may also have state law issues to comply with. You might want an attorney to look more closely at this one. |
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