Pitfalls The Employer s Perspective

Transcription

1 Helping International Students Avoid Internship Pitfalls The Employer s Perspective Valentine Brown, Esq. Duane Morris, LLP Larissa Chevalier, Gilbane Building Company Elena Anderson-de Lay, The Brookings Institution NAFSA Annual Conference & Expo May 27, 2015 Boston, Massachusetts, USA

2 Scope of the session 4. Propose opportunities 3. Address challenges 2. Show different models 1. Define internships

3 So what s an internship? Talent Cultivation

4 Internships at Brookings Competitive selection Both paid and unpaid (for credit) Talent pipeline for professional positions

5 Internships at Gilbane Sourced through University partnerships All paid internships/co-ops Training program for future full-time opportunities

6 Duane Morris, LLP Role of counsel Clients use of internships vary Engineering, pharmaceutical, and IT industries

7 Employers Hosting Interns

8 Internship Considerations Paid or Unpaid Increased scrutiny by Department of Labor Increased willingness to litigate by students and graduates Legal standards are evolving Employers and Universities unclear as to best practices

9 Unpaid Internships and the Fair Labor Standards Act (FLSA)

10 DOL s 6-Part Test - FLSA Educational No employer benefit Intern Benefit UNPAID INTERNSHIPS No employee displacement No job entitlement No wage entitlement

11 Winning Arguments (Unpaid Internships) Employer benefited from the work I performed Employer would have had to hire additional staff if I had not performed work Employer did not provide me with academic or vocational training Employer uses unpaid interns to minimize labor costs

12 Effects of Increased DOL Scrutiny Legal confusion - courts applying different standards in pending cases Fewer internships available Colleges/universities taking additional steps to confirm internships compliance with the FLSA

13 Reducing Risk Internship Agreement Interns should not perform work that would otherwise be performed by paid employees Interns should not be used for budgetary reasons Interns should receive academic credit

14 International Students as Interns Specific Challenges

15 Employer Challenges Identifying qualified International Students I-9 Documentation OPT STEM Challenges

16 Employer Challenges Faculty member also has a position with an employer International Student works on project with Faculty member Faculty member does not communicate with ISSS office

17 So what s in common?

18 Competing interests University Employer Student

19 Advice? Student Faculty DSO/RO Employer Manager

20 Opportunities: Partnerships Meet face-to-face with employers Speak with your in-house HR professionals Educate HR professionals about work authorization needs Address internships along with employment discussion with students Connect with the Career Services department

21 Opportunities: Communication Create some FAQ handouts or a webpage for employers Explain CPT/OPT to employers Remind faculty and department chairs about processes Advise students on documents needed for the I-9 employers cannot provide these details Check-in with students during internship

22 Benefits: Adds value to the students education Helps employers fill talent gaps Creates efficiencies with onboarding Employers will call again to hire your students

23 Tools and Guides DOL s Wage and Hour Fact Sheet #71 DOL Opinion letter FLSA2004-5NA NAFSA Adviser s Manual International Student Advising (ISTA) and International Scholar Advising (ISCA) networks

24 Questions?

25 Thanks for Joining Us! Larissa Chevalier Elena Anderson-de Lay Valentine Brown, Esq. Questions?