WInTeR 2015 California Hotel & Lodging Association 11 use of interns and apprentices. There are six requisite criteria that fall under the Fair Labor Standards Act: 1. The apprenticeship is similar to training and must be educational; 2. The apprenticeship is for the benefit of the apprentice; 3. The apprentice works under close supervision of existing staff; 4. The employer that provides the training derives no immediate advantage from the activities of the apprentice, and on occasion its operations may actually be impeded; 5. The apprentice is not necessarily entitled to a job at the conclusion of the apprenticeship; and 6. The employer and the apprentice understand that the intern is not entitled to wages for the duration of the apprenticeship. As illustrated by Edward Kim’s lawsuit, ignoring any of the six criteria is a perilous practice that could land restaurants in boiling hot water. Further, to be in full compliance, restaurants may need to follow additional state guidelines. In order to circumvent the high cost of culinary schools, a number of famous chefs and restaurants are currently instituting apprenticeship programs. Daniel Boulud, who began his career as an apprentice, will soon be implementing a restaurant apprenticeship program for high school students that will be modeled after the European system. Boulud and like-minded chefs claim that the ultimate goal is employee retention, as opposed to saving on employment costs. They envision a system whereby their apprentices develop loyalty to their restaurants, rather than seek out work from high paying competitors in order to pay off crippling culinary school loan debt. Seemingly, Boulud is covering all his bases, even partnering with the Department of Education on the program. Having a restaurant’s owner or chef review the DOL’s criteria would be wise at the outset of offering an apprenticeship program. Detailing the apprentice’s duties and how he or she will be supervised, as well as making it absolutely clear that the apprenticeship does not guarantee employment, are additional suggested best practices in order to avoid liability. The DOL emphasizes that an establishment must be investing in these potential future employees, oftentimes to their own detriment. Those establishments simply looking for cheap labor would be well served to forgo apprenticeship programs altogether, and pay the minimum wage. Dana Kravetz is the Managing Partner at Michelman & Robinson, LLP, a national law firm with offices throughout California and New York. Mr. Kravetz is Chair of the Labor & Employment Law Department, focusing his practice on counseling and litigating on behalf of hotel and restaurant management. Mr. Kravetz routinely defends his clients in various employment matters ranging from discrimination, sexual harassment prevention, wrongful termination, reduction in workforce, hiring practices, and wage and hour issues, including class action litigation. For more information, please visit www.mrllp.com.
CH & LA Winter 2015
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