Internships

News & Analysis as of

Second Circuit Decisions in Glatt and Wang Likely Preserve Essential Internship Opportunities

On July 2, 2015, in Glatt v. Fox Searchlight Pictures and Wang v. The Hearst Corporation, the Second Circuit Court of Appeals addressed when unpaid interns are “employees” entitled to compensation under the Fair Labor...more

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

Connecticut Passes Two Employment-Related Bills: Pay Secrecy and Workplace Protections for Interns

Bill Barring Pay Secrecy - On July 2, 2015, Governor Dannel P. Malloy signed Public Act 15-196, "An Act Concerning Pay Equity and Fairness” (“Pay Equity Act”), which makes it illegal for Connecticut employers to prohibit...more

Throw the DOL "Intern Fact Sheet" Away: Second Circuit Rejects DOL's Unpaid Intern Six-Factor and Adopts New "Primary Beneficiary"...

The Department of Labor's ("DOL") six-factor test has long been the incontrovertible standard for determining whether employers are required to pay an intern under the Fair Labor Standards Act. That may no longer be the case...more

Client Alert - Interns & Independent Contractors

Second Circuit Reverses Class Certification Ruling in Fox Searchlight Unpaid Intern Case, Directing Trial Court to View Economic Benefit Factors Through New Lens - A federal appellate court in New York handed an apparent...more

Second Circuit Rejects DOL Test on Intern Pay

Over the past several years, employment lawyers have cautioned their clients with regard to legal risks involved with unpaid internships. As these internships rose in popularity, many of the arrangements failed to meet...more

Intern or Employee? Second Circuit Outlines Test to Determine Unpaid Interns' Status Under Fair Labor Standards Act and New York...

The U.S. Court of Appeals for the Second Circuit July 2 handed down a significant decision in Glatt v. Fox Searchlight Pictures, Inc. in connection with a pair of lawsuits challenging the legality of unpaid internships under...more

Employment Flash - July 2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

Alert: Hiring Unpaid Interns: Federal Court Changes (Some of) the Rules

On July 2, 2015, a federal appeals court upended the test companies and courts have relied upon for nearly seventy years to determine whether or not an intern must be paid. Instead, in Glatt v. Fox the Second Circuit Court of...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Second Circuit Adopts a New Test to Determine Whether Unpaid Interns Should be Classified as Employees

Earlier this month, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) issued a new test for determining whether interns must be classified and paid like “employees,” as that term is defined in the Fair Labor...more

Second Circuit Announces New Test For Intern Claims and Puts the Brakes on Class and Collective Claims by Interns

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid...more

Unpaid Interns: The Second Circuit Pours Cold Water on a Hot Topic

Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a...more

Unpaid Internships Revived?: Second Circuit Gives the Green Light to Unpaid Internships So Long as the Intern “Benefits”

On July 2, 2015, the United States Court of Appeals for the Second Circuit issued its highly anticipated decision concerning unpaid internships, Glatt v. Fox Searchlight Pictures, Inc., No. 134478-cv (2d Cir. July 2, 2015)....more

A New Internship Standard The Second Circuits Seven Factor Test and What it Means for Your Company

On July 2, 2015, the Second Circuit Court of Appeals issued a decision regarding the employment status of unpaid interns that should prove helpful to employers. In Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478 and...more

Second Circuit Rulings Provide Hope For Companies’ Use of Unpaid Interns

In Glatt v. Fox Searchlight Pictures, Inc., a federal district court in New York decided that Fox Searchlight Pictures, Inc. had violated federal and New York minimum wage laws by not paying interns who had worked on its film...more

The Unpaid Internship: Who “Really” Benefits from This Arrangement?

Many of us spent summers working as interns, getting access to the industry of our choice, making contacts, learning – and yes running errands and filing and stuffing envelopes and doing other “grunt” work. Most young people...more

Second Circuit Outlines The Way for Employers to Hire Unpaid Interns

On July 2, 2015, in a matter of first impression, the Second Circuit issued a ruling in Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478, 13-4481 (2d Cir. July 2, 2015), and provided a new test for whether a worker can...more

Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in...more

Second Circuit Develops “Primary Beneficiary” Test to Evaluate Unpaid Internships

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit adopted a “primary beneficiary” test for evaluating whether unpaid interns are employees for purposes of the Fair Labor Standards Act (FLSA). Rejecting a...more

Second Circuit weighs in on when unpaid interns become “employees” under the FLSA

In 2011, a pair of unpaid interns who worked for Fox Searchlight Pictures on the 2010 film Black Swan filed suit against Fox claiming they should have been compensated as “employees” under the US Fair Labor Standards Act...more

Glatt v. Fox Searchlight Pictures, Inc. - USCA, Second Circuit, July 2, 2015

Second Circuit vacates district court's ruling that unpaid interns who worked on film Black Swan and at Fox's corporate offices should have been classified as employees and thus entitled to minimum-wage and overtime pay,...more

Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits

On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al. v. The Hearst Corp., the two unpaid intern lawsuits heard...more

Second Circuit Sides With Employers in Two Cases Involving Unpaid Interns

In two recent cases decided on July 2, the Second Circuit Court of Appeals held that in many instances, unpaid interns may not necessarily be employees covered by the Fair Labor Standards Act (“FLSA”) and the New York Labor...more

J-1 Training Plan Updates: What Host Companies Should Know

The Department of State issued an updated Form DS-7002, Training/ Internship Placement Plan for the Student and Exchange Visitor Information System (SEVIS), a web-based information system maintained by the Department of...more

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