Many of our faith-based organization clients are preparing for summer interns and camps.  Below are highlights on things to consider whether you are hiring a new intern or welcoming campers to your facilities. Please reach out to us if we can assist your organization as we head into the summer!

Summer Interns

• The Department of Labor has provided guidance to determine whether an intern must be paid (the intern is in fact an employee) or whether it is acceptable to not compensate an intern (i.e., the worker is not classified as an employee). See this link for determining factors. Courts have described the “primary beneficiary test” as a flexible test, and no single factor is determinative. Accordingly, whether an intern or student is an employee necessarily depends on the unique circumstances of each case.
• If the worker is an employee, then the employee is most likely entitled to minimum wage, overtime pay, etc. Employees may not volunteer their time or effort to perform the same duties and tasks as their job description.
• State laws may impact this analysis in each jurisdiction.
• There is greater flexibility for the public sector, religious and/or non-profit charitable organizations (as opposed to the for profit sector). Traditional volunteers are excluded from the analysis above (particularly for non-profit organizations).
• If a worker has a ministerial certification and performs ministerial duties at least 51 percent of the time, it is possible this worker can avoid DOL oversight altogether.
• If the worker is an employee, they should sign standard employment paperwork (including an employment agreement, covering things like confidentiality, intellectual property is owned by the employer, at-will employment, adherence to organizational guidelines, Statement of Faith, etc.).
• If the worker is an unpaid, non-employee intern, we highly recommend that you have the worker sign an “Internship Agreement”. This is often overlooked and contains protections similar to an employment agreement. Key substantive topics covered in an agreement like this are listed below.
  • Internship is unpaid
  • Property owned by organization
  • Basic intern representations and warranties (professional behavior and adherence to corporate policies, beliefs, etc.)
  • Confidentiality
  • Intellectual property acknowledgment (IP owned by organization)
  • Dispute resolution mechanism (can be based on religious principles)
  • Release/Waiver of liability by intern

Summer Trips/Camps

• We strongly recommend the use of event-based waivers/acknowledgements for camps, trips and events. Key concepts included in a document like that include the following:
  • Funneling disputes to mediation (often based on religious principles). This keeps disputes out of formal litigation and the public record.
  • Waiver of liability/limitation of liability
  • Use of image/likeness authorization
  • Consent to emergency medical care
  • Agreement to follow directions of leadership/organization
• For ease of administration, many of our clients are moving towards electronic, click-through waivers/acknowledgements that are a part of electronic registration for an event.
• Many of our clients are moving towards implementing blanket waiver language that is agreed to in onboarding meetings/documentation for volunteers and/or members at the onset of engagement with the organization.
• Waivers can sometimes be deemed unenforceable when challenged, however, there is a very material deterrent impact of having waivers in place as they often dissuade anyone from filling suit in the first place. It is certainly better to have something in place rather than nothing.