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7) Curriculum. Any clinical training is part of an educational curriculum.
8) No Benefits. The trainees or students do not receive employee benefits.
9) Generic. The training is general, so as to qualify the trainees or students for work in any similar business, rather than designated specifically for a job with the employer offering the program. In other words, on completion of the program, the trainees or students must not be fully trained to work specifically for only the employer offering the program.
10) Separate Hiring Criteria. The screening process for the program is not the same as for employment, and does not appear to be for that purpose, but involves only criteria relevant for admission to an independent educational program.
11) Clear Ads. Advertisements for the program are couched clearly in terms of education or training, rather than employment, although the employer may indicate that qualified graduates will be considered for employment.
Handbook. E nsure handbook provides that all workers are reimbursed for travel expenses.
Procedures. Implement procedures for employees to claim and receive reimbursement for travel. (e.g. expense form to all workers expected to drive their cars for business reasons). Instruct them to sign and turn in the form each month (regardless of whether actual expenses were incurred).
Training. Train managers and supervisors to collect expense reports or receipts from all employees running errands or otherwise using personal vehicles for company purposes.
Attendance is outside of the employee’s regular working hours ;
Attendance is in fact voluntary (attendance is not voluntary if the employee is led to believe that present working conditions or the continuation of employment would be adversely affected by nonattendance);
The course, lecture, or meeting is not directly related to the employee’s job (training is directly related to an employee’s job if it is designed to make the employee handle his job more effectively as distinguished from training him for another job or to a new or additional skill);
Exception to third criteria : Even if the training is clearly related to an employee’s job, voluntary participation outside of working hours need not be compensated if the course corresponds to courses offered by independent bona fide institutions of learning.
The employee does not perform any productive work during such attendance.