Summer Employment Issues: 10 Legal Traps (and How to Avoid Them)

As the weather warms up, employers face unique legal challenges tied to the summer season. Whether it’s hiring interns, teenage workers, or hosting company outings, summer introduces a range of compliance issues that can create legal exposure if mishandled.

This guide highlights 10 key summer employment issues with practical tips for staying compliant, particularly under Virginia and federal law.

1. Summer Internships: Wage and Hour Compliance

Summer is prime season for internships, but improperly structured internships – especially unpaid ones – can lead to significant wage and hour liability. Under the FLSA and Virginia wage laws, interns at for-profit businesses are generally presumed to be employees entitled to minimum wage and overtime unless they meet the “primary beneficiary” test established by the Department of Labor, which evaluates whether the internship primarily benefits the intern rather than the employer based on a multi-factor analysis of the educational nature of the experience.

Practical Tips:

• Structure internships to provide substantial educational benefits rather than simply using interns for labor.
• Consider tying internships to academic credit or formal training programs.
• Draft clear written agreements outlining the educational nature of the role and clarifying that there is no expectation of compensation or a job offer unless applicable.
• Regularly review internship programs for compliance with federal and state law, especially if the position is unpaid.

2. Heat Stress and Workplace Safety

Workers in construction, landscaping, and other outdoor industries – as well as in hot indoor environments like warehouses – are particularly vulnerable to heat-related illnesses. Although Virginia has not adopted a specific heat standard, employers are still bound by the General Duty Clause of the Occupational Safety and Health Act, which requires protection against recognized hazards that may cause serious harm, including extreme heat.

Practical Tips:

• Establish a heat illness prevention plan with access to water, rest breaks, and shade.
• Provide training to help employees and supervisors recognize and respond to heat-related symptoms.
• Stay alert to high heat advisories issued by local authorities and adjust work accordingly.

3. Summer Hours and Flexible Scheduling

Many workplaces adopt compressed schedules or allow early office closures during summer. These benefits can boost morale but also may complicate compliance with wage and hour laws.

Practical Tips:

• Ensure that non-exempt employees are paid overtime for all hours worked over 40 per week, as required by the Fair Labor Standards Act (FLSA) and state law.
• Track time precisely and document any changes to schedules.

4. Hiring Seasonal Employees

Businesses in sectors such as hospitality, tourism, and recreation often rely on seasonal staff in summer. These workers are typically covered by both the FLSA and state minimum wage laws.

Practical Tips:

• Pay all seasonal workers at least the applicable minimum wage (currently $12.00/hour in Virginia as of 2025, but higher in certain jurisdictions).
• Review whether any overtime exemptions apply for seasonal amusement or recreational establishments, and confirm they meet strict criteria.

5. Youth Employment: Child Labor Laws

The influx of teenage workers during summer brings heightened scrutiny under child labor laws. In Virginia, minors under 16 must have a work permit (employment certificate) and are restricted in the types of work and hours they can perform.

Practical Tips:

• Obtain required employment certificates before work begins.
• Follow restrictions for minors under 18, particularly around hazardous occupations and hour limits (e.g., 14- and 15-year-olds cannot work more than 3 hours on a school day).
• Post any required notices regarding youth employment.

6. Age Discrimination Concerns

While targeting seasonal job ads to students is common, such language can raise issues under the Age Discrimination in Employment Act (ADEA) and equivalent state laws that protect workers aged 40 and older.

Practical Tips:

• Frame ads around availability or program requirements rather than age or student status.
• Maintain clear records of hiring decisions to defend against potential discrimination claims.

7. Vacation and PTO Management

Summer brings a surge in time-off requests, which can lead to disputes over scheduling and leave accrual. In Virginia, there’s no statutory requirement to provide PTO, but employers must follow their written policies, including any provisions for payouts of accrued leave at termination.

Practical Tips:

• Ensure your PTO policy clearly outlines how leave is accrued, used, and whether it is paid out upon separation.
• Apply policies consistently and document leave approvals and denials.

8. Dress Code and Appearance Policies

Warmer weather often means a push toward casual dress. Employers should take care that any changes to dress code policies are applied uniformly and without discrimination, particularly regarding religious and medical accommodations.

Practical Tips:

• Update and distribute written policies that set clear expectations for professional appearance.
• Be ready to provide reasonable accommodations for religious practices or medical needs, in accordance with Title VII and state human rights laws.

9. Company Events and Alcohol Policies

Summer parties and outings are a staple of workplace culture, but events involving alcohol carry legal risks, especially around liability and employee conduct. In Virginia, while there is generally no employer liability for post-event conduct of intoxicated employees, exceptions may arise if attendance is required or if the employer serves alcohol recklessly.

Practical Tips:

• Clearly communicate that participation is voluntary and that company policies apply during events.
• Consider hiring licensed bartenders and limiting alcohol service.
• Reiterate anti-harassment policies before the event.

10. Remote Work from Vacation Locations

Employees who take advantage of remote work policies may seek to work from out-of-state or international locations while on extended vacations. This can trigger state tax, insurance, and legal jurisdiction concerns, as well as raise data security risks if employees access company systems over unsecured networks.

Practical Tips:

• Require employees to disclose their work location in advance.
• Assess whether workers’ compensation, tax withholding, or legal jurisdiction issues arise from out-of-state work.
• Set clear policies regarding telework eligibility across state or national borders.
• Implement security protocols for remote work, such as requiring VPN use, multi-factor authentication, and prohibiting access over unsecured public Wi-Fi networks.

Final Thoughts

Summer brings fresh opportunities to engage employees and meet seasonal business demands – but also introduces legal complexities. By addressing safety protocols, wage and hour laws, and anti-discrimination protections proactively, employers can avoid common pitfalls and ensure a compliant, productive summer season.

Need advice on summer employment policies? Reach out to employment counsel to ensure your practices are up-to-date.

Jeff Wilson is a Pender & Coward attorney focusing his practice on employment law matters, including counseling and business litigation.