Field Directors

Hi all,

I'm hoping to get some clarity (and possibly shared experiences) regarding the intersection of employment-based placements (EBPs) and labor laws.

We have several students completing their field practicum at their place of employment. However, one agency is requiring that employed students complete additional hours for field education beyond their full-time work hours. The agency indicates this requirement is based on U.S. Department of Labor guidance related to internships (Fact Sheet #71).

My understanding of the DOL guidance is that it focuses on whether the student/intern or the employer is the "primary beneficiary" of the experience, rather than requiring that practicum hours be entirely separate from paid employment.

I am not interpreting the guidance as requiring additional unpaid hours beyond a student's regular employment in order for the experience to qualify as a legitimate internship/field placement, but I want to make sure I'm not missing something.

Has anyone encountered a similar situation or received legal guidance on this issue that you would be willing to share?

Thank you in advance for any insight you can offer.

Hi Kim-

Solid question. This is a super tricky one and it's based on both federal law, and the laws in your state, so my answer may not be yours.  In CT, we have both combined placements (they're being paid in the context of their work role for their internship hours); and separate/above-and-beyond "volunteer" arrangements.  In our state the key difference is whether the activities/tasks and functions are part of the employees job description.  So, if the internship is in a separate program, the agency can legally insist they volunteer.  What they can't do is insist on additional unpaid hours in the same program in which they work. 

Our approach is just to make sure that everyone is on the same page up front, so the student goes in eyes-wide-open and with consent.  

I hope that helps, but please also see the laws in your state.  Ultimately, it's the agency that is responsible for DOL compliance, but it will still help you know if you can support it.

All my best,

Sharlene

Hi all,

I'm hoping to get some clarity (and possibly shared experiences) regarding the intersection of employment-based placements (EBPs) and labor laws.

We have several students completing their field practicum at their place of employment. However, one agency is requiring that employed students complete additional hours for field education beyond their full-time work hours. The agency indicates this requirement is based on U.S. Department of Labor guidance related to internships (Fact Sheet #71).

My understanding of the DOL guidance is that it focuses on whether the student/intern or the employer is the "primary beneficiary" of the experience, rather than requiring that practicum hours be entirely separate from paid employment.

I am not interpreting the guidance as requiring additional unpaid hours beyond a student's regular employment in order for the experience to qualify as a legitimate internship/field placement, but I want to make sure I'm not missing something.

Has anyone encountered a similar situation or received legal guidance on this issue that you would be willing to share?

Thank you in advance for any insight you can offer.

Thank you so much for this, Sharlene!  This agency's situation is slightly different--the CEO seems to think it's against the DOL guidance to ALLOW a student to complete their internship as part of their regular job hours.  We have several students doing that, and I don't think the DOJ guidance says that is not allowed.  Appreciate any additional insight.  

Hi Kim-

Solid question. This is a super tricky one and it's based on both federal law, and the laws in your state, so my answer may not be yours.  In CT, we have both combined placements (they're being paid in the context of their work role for their internship hours); and separate/above-and-beyond "volunteer" arrangements.  In our state the key difference is whether the activities/tasks and functions are part of the employees job description.  So, if the internship is in a separate program, the agency can legally insist they volunteer.  What they can't do is insist on additional unpaid hours in the same program in which they work. 

Our approach is just to make sure that everyone is on the same page up front, so the student goes in eyes-wide-open and with consent.  

I hope that helps, but please also see the laws in your state.  Ultimately, it's the agency that is responsible for DOL compliance, but it will still help you know if you can support it.

All my best,

Sharlene

Hi all,

I'm hoping to get some clarity (and possibly shared experiences) regarding the intersection of employment-based placements (EBPs) and labor laws.

We have several students completing their field practicum at their place of employment. However, one agency is requiring that employed students complete additional hours for field education beyond their full-time work hours. The agency indicates this requirement is based on U.S. Department of Labor guidance related to internships (Fact Sheet #71).

My understanding of the DOL guidance is that it focuses on whether the student/intern or the employer is the "primary beneficiary" of the experience, rather than requiring that practicum hours be entirely separate from paid employment.

I am not interpreting the guidance as requiring additional unpaid hours beyond a student's regular employment in order for the experience to qualify as a legitimate internship/field placement, but I want to make sure I'm not missing something.

Has anyone encountered a similar situation or received legal guidance on this issue that you would be willing to share?

Thank you in advance for any insight you can offer.