As summer is approaching, many employers may be considering volunteers, interns, temporary workers, and minors. While all of these may have significant benefits to the employer, they are not without their pitfalls.

Volunteers

Private, for-profit employers may not employ volunteers. Any work performed for a private, for-profit organization must be compensated in accordance with state and federal wage and hour laws.

Non-Profit employers and state/local government agencies may utilize volunteers, as long as the volunteers do not displace any regularly employed workers or perform work that regular employees would otherwise perform.

Interns

An important consideration is whether the intern will be paid or unpaid.

Paid interns should be treated as employees of the company. Therefore, the company should ensure compliance with applicable laws and regulations such as child labor, discrimination (including age discrimination), and the Fair Labor Standards Act (FLSA). As a general principle, private sector employers are required under the FLSA to pay employees for their work.

Unpaid interns may be allowed in cases where it serves the best interests of the intern. The Department of Labor applies the seven-factor “primary beneficiary” test in determining whose interests are best served by the internship. The “primary beneficiary” test is flexible, and no one factor is determinative. Each analysis is conducted on a case-by-case basis.

Temporary Workers

Temporary or casual employees are still considered employees of the organization. Employers must comply with relevant wage and hour laws, including payment of overtime, and certain benefit coverage.

Benefits that require an employee to have worked a minimum number of hours or other duration for eligibility would still apply. For example, an employee hired for 3 months may be entitled to health care coverage under the Hawaii Prepaid Health Care Act if he/she works the requisite 20 hours/week for 4 weeks. Other benefits that begin on the first day of employment (e.g., workers compensation) would also apply to temporary workers.

Minors

Hawaii law requires work permits for workers under 18 years old. Minors who are 14 or 15 must have a Certificate of Employment, while minors who are 16 or 17 must have a certificate of age. More information may be found here.

Additionally, under federal law, minors are prohibited from performing certain types of work. Employers of minors should become familiar with the types of work minors may and may not perform by reviewing applicable DOL guidance and the relevant Hawaii Administrative Rules.

For more information, see our resources for Child Labor and Internship and Volunteer Programs. Members may also contact their designated HR Consultant, or call our hotline at 808-586-1511.