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Unpaid "Mentorship" Program
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Unpaid "Mentorship" Program
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It's been a while since I've been on here...forgot I was a member, glad to be back.
My question is the following, a manager is considering a "Mentorship" program in which employees voluntarily agre
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Forums » Topic Forums » Legal Forum » Unpaid "Mentorship" Program
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Unpaid "Mentorship" Program
posted at 8/5/2011 8:55 AM EDT
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Posts: 15
First: 11/20/2005 Last: 8/8/2011 |
It's been a while since I've been on here...forgot I was a member, glad to be back.
My question is the following, a manager is considering a "Mentorship" program in which employees voluntarily agree to "shadow" Mentors and receive additional training and development tools. These particular employees are uniformed (not sure if that matters) and would volunteer their time in uniform. Anyone have any thoughts, oh...this isn't CA, it's the opposite, AZ. Lol thanks! |
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Unpaid "Mentorship" Program
posted at 8/5/2011 9:51 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Sounds like a good idea in theory. But in practice you may have a real issue with wage and hour law
If these are non-exempt employees (and if they're uniformed, I'm guessing they are), then their time doing the mentorship most likely will have to be paid time. Not sure what the "uniform" refers to, but if there's a CBA then you need to check that as well. |
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Unpaid "Mentorship" Program
posted at 8/8/2011 10:50 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Employees to a for profit organization can't volunteer their time. And FLSA has very strict rules on what is an "internship". There are 6 criteria found at: http://www.dol.gov/whd/regs/compliance/whdfs71.htm
One good place to read is : http://www.twc.state.tx.us/news/efte/advanced_flsa_issues.html#interns_trainees -- although it is the state of TX, they are talking about federal issues on interns/trainees. You do have to click on the intern link above to get it to take you to the right spot. |
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Unpaid "Mentorship" Program
posted at 8/8/2011 1:46 PM EDT
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Posts: 15
First: 11/20/2005 Last: 8/8/2011 |
Thank you for the replies. I am aware that they cannot volunteer their time under normal circumstances. They are calling it "mentorship" but yes it would be very similar to intern however the employees involved in it are current employees that are already working in the job. The idea behind this would be to take current employees and make available the "mentorship" program to them. I do believe we meet the 6 guidelines.
My concern is our "twist" on the internship that it would be employees that currently work at the site so they would not fit the traditional definition of an intern. |
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Unpaid "Mentorship" Program
posted at 8/9/2011 4:40 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
My concern with your proposal is that, IMO, mentorship they'd receive would not be equivalent to instruction they'd get in an educational institution. I can also see an argument that this benefits both the employer and the employee, not just the employee.
And then there's that pesky little part of FLSA which considers all time an employee is suffered to remain at his/her place of work to be compensable. I believe that should someone file a complaint for overtime wages, you'll be in a rather indefensible position. |
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Unpaid "Mentorship" Program
posted at 8/9/2011 9:57 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Have to side with Nork on this one. I wouldn't suggest it to any company/client (the non-paid part anyway).
What you could do though (if your payroll system can track it) is to pay lower wages (down to minimum) for that time, but do realize any OT would be at the combined "regular rate of pay". |
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