FLSA – Dispatches From The Front

Before taking on the restaurant software business, I worked in and managed many restaurants, so I’ve had my fair share of experiences managing younger employees. And it’s not always easy. Between the onboarding and training, the teaching, the course-correcting, and sometimes the disciplinary action, this industry can teach you a lot about patience.

It also teaches managers a thing or two about compliance. The restaurant industry employs a disproportionate number of youths. Between 2010 and 2012, for instance, 30 percent of fast food workers were 16 to 19 years old.

When it comes to managing minors, the risk of being out of compliance with labor laws are more substantial than other industries.

If you have a backlog of projects piling up because there just aren’t enough hours in the day, you may consider hiring interns to help you get caught up. This can be a great idea that provides benefits for your company and the students.

However, if you want help from interns, don’t expect to get it for free. The requirements for unpaid internships are strict. In recent years, there’s been a wave of legal actions taken by those who’ve served as interns. They’ve accused employers of violating the federal Fair Labor Standards Act (FLSA) and/or state laws by not paying them.

The Department of Labor (DOL) has a six-factor test that you can use to determine whether a relationship with a worker could qualify as an unpaid internship. Keep in mind that this is a test, not a law. But don’t take it lightly — or you risk the possibility of incurring a fine or other legal action.

Tag: FLSA

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