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  1. #1
    Join Date
    Apr. 23, 1999
    Location
    Rosehill, TX
    Posts
    7,086

    Default Is your working student a 'trainee' or an 'employee'?

    Because 'trainees' are treated (under the law) quite differently from 'employees' it might be wise to know which catagory your working student falls under

    EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM
    U.S. DEPARTMENT OF LABOR
    Washington, D.C. 20210

    ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 12-09
    TO: GOVERNORS
    STATE WORKFORCE AGENCIES

    SUBJECT: Joint Guidance for States Seeking to Implement Subsidized Work-Based Training Programs for Unemployed Workers

    Excerpt:

    The U.S. Department of Labor’s Wage and Hour Division (WHD) has developed the six factors below to evaluate whether a worker is a trainee or an employee for purposes of the FLSA:

    1. The training, even though it includes actual operation of the facilities of the employer, is similar to what would be given in a vocational school or academic
    educational instruction;

    2. The training is for the benefit of the trainees;

    3. The trainees do not displace regular employees, but work under their close observation;

    4. The employer that provides the training derives no immediate advantage from the activities of the trainees, and on occasion the employer’s operations may actually be impeded;

    5. The trainees are not necessarily entitled to a job at the conclusion of the training period; and

    6. The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.

    If all of the factors listed above are met, then the worker is a “trainee”, an employment relationship does not exist under the FLSA, and the FLSA’s minimum wage and overtime provisions do not apply to the worker. Because the FLSA’s definition of “employee” is broad, the excluded category of “trainee” is necessarily quite narrow. Moreover, the fact that an employer labels a worker as a trainee and the worker’s activities as training and/or a state unemployment compensation program develops what it calls a training program and describes the unemployed workers who participate as trainees does not make the worker a trainee for purposes of the FLSA unless the six factors are met. Some of the six factors are discussed in more detail below.
    Last edited by SGray; Apr. 6, 2010 at 06:47 PM. Reason: format
    Nothing says "I love you" like a tractor. (Clydejumper)

    The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”



  2. #2
    Join Date
    Nov. 2, 2006
    Posts
    1,924

    Default

    Oh my eyes!!!



  3. #3
    Join Date
    Apr. 23, 1999
    Location
    Rosehill, TX
    Posts
    7,086

    Default

    better now?
    Nothing says "I love you" like a tractor. (Clydejumper)

    The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”



  4. #4
    Join Date
    Nov. 2, 2006
    Posts
    1,924

    Default

    yes, much



  5. #5
    Join Date
    Aug. 22, 2005
    Posts
    3,788

    Default

    Quote Originally Posted by SGray View Post
    ...is similar to what would be given in a vocational school or academicies of the trainees, and on occasion the employer’s operations may actually be impeded...
    That's not much of a differentiating point, seeing as how badly employees can actually impede operations.



  6. #6
    Join Date
    Apr. 23, 1999
    Location
    Rosehill, TX
    Posts
    7,086

    Default

    if the working student does not meet the criteria set out to be considered a 'trainee' under the law then the employer is responsible for paying at least the minimum wage, must abide by overtime laws, etc

    just something for barn owners, trainers, etc to keep in mind
    Nothing says "I love you" like a tractor. (Clydejumper)

    The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”



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