Pitfalls The Employers Perspective Valentine Brown, Esq. Duane - - PowerPoint PPT Presentation
Helping International Students Avoid Internship Pitfalls The Employers Perspective Valentine Brown, Esq. Duane Morris, LLP NAFSA Annual Conference & Expo Larissa Chevalier, Gilbane Building Company May 27, 2015 Boston, Massachusetts,
The Employer’s Perspective
Helping International Students Avoid Internship
NAFSA Annual Conference & Expo May 27, 2015 Boston, Massachusetts, USA
Valentine Brown, Esq. Duane Morris, LLP Larissa Chevalier, Gilbane Building Company Elena Anderson-de Lay, The Brookings Institution
how different models
Talent Cultivation
Competitive
selection
Both paid and
unpaid (for credit)
Talent pipeline for
professional positions
Sourced through University
partnerships
All paid internships/co-ops Training program for future full-time
Role of counsel Clients’ use of
internships vary
Engineering,
pharmaceutical, and IT industries
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
and the Fair Labor Standards Act (FLSA)
UNPAID
INTERNSHIPS
Educational Intern Benefit No job entitlement No wage entitlement No employee
displacement
No employer benefit
(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
Legal confusion - courts applying
different standards in pending cases
Fewer internships available Colleges/universities taking additional
steps to confirm internships’ compliance with the FLSA
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
International Students as Interns
Specific Challenges
Identifying qualified International
Students
I-9 Documentation OPT STEM 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
University Employer S tudent
Faculty DS O/ RO S tudent Manager Employer
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
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
Adds value to the students’ education Helps employers fill talent gaps Creates efficiencies with onboarding Employers will call again to hire your
students
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
Valentine Brown, Esq. vbrown@duanemorris.com Elena Anderson-de Lay ejanderson@brookings.edu Larissa Chevalier lchevalier@gilbaneco.com