News & Analysis as of

School-Facilitated Internships: No Worries, Right?

We have long warned that one should not simply assume that an internship associated with or sponsored by an educational institution falls outside of the federal Fair Labor Standards Act's requirements. Our caution includes...more

Should The White House Be Paying Its Interns?

The unpaid-interns ruckus continues to unfold, this time in a way that entangles President Obama. As we many have observed, an unpaid White House intern might conclude that he or she is “engaged in the operations of...more

Intern Lawsuits (Continued): Another Big Settlement

As was anticipated in light of the intensified focus upon internships over three years ago, the next stage was a spate of high-profile lawsuits by unpaid or allegedly-underpaid interns under the federal Fair Labor Standards...more

Paying Elves And Interns!

Actually, internships may be a good option for Santa’s non-profit operation – so long as he does not pay a stipend or offer any benefits and clarifies whether interns are unpaid volunteers or paid employees. Paying a...more

Unpaid Internships Under Scrutiny

The controversy surrounding unpaid internships is increasingly in the news. Reports of interns filing wage and hour class actions in, for example, The New York Times and PBS's NewsHour, have highlighted an often-unnoticed...more

Unpaid Internships – Worth the Risk?

Over the past few years, the number of college undergraduates and recent graduates engaging in unpaid internships has grown dramatically. One expert estimates that there are between 1 and 2 million internships each year, and...more

Group Advocates Pay For White House Interns

The unpaid-interns ruckus continues to unfold, this time in a way that entangles President Obama. As we observed in March 2012, an unpaid White House intern might conclude that he or she is "engaged in the operations...more

Are Your Internship Practices Putting You At Risk?

A surge of lawsuits focusing on the common practice of employing unpaid interns could be coming after a judge found that two Fox Searchlight production interns were not compensated legally....more

The Internship: Do Vince and Owen have a Claim under the FLSA?

In a twist of irony, it seems that 21st Century Fox is having a string of bad luck with respect to its “internship” programs. The company reportedly spent $60 million producing “The Internship,” starring Vince Vaughan and...more

Oregon Passes Workplace Protection Law for Unpaid Interns

Oregon Governor John Kitzhaber on June 13, 2013 signed into law a bill extending employment discrimination protection to interns. The new law grants unpaid interns legal recourse under Oregon's employment discrimination laws...more

Black Swan interns are employees, not trainees

Summer brings an annual invasion, in thousands of businesses and in nearly every line of work, of a horde of talented, eager new interns. They’re eager to pad resumes and make contacts. Their new bosses are glad to impart...more

Unpaid Internships May Cost Your Business Dearly In The Long Run

Summer has finally arrived. While many of us will soon become consumed with pool parties, backyard barbeques, and well-deserved vacations, a new crop of summer interns is just beginning their first endeavor in the working...more

Legal Alert: Hire Unpaid Interns at Your Peril

While Vince Vaughn and Owen Wilson have recently brought some attention to the internship position by comically portraying the life of Google interns in the movie The Internship, the U.S. District Court for the Southern...more

The Current Landscape in FLSA Unpaid Intern Litigation - Law Firms Ready to Pounce

Every summer, unpaid interns arrive at various businesses throughout the country to learn a little bit about the real world before going back to school or diving into the job market. But this summer, it is one federal court...more

Fenwick Employment Brief - June 2013: Alert: “Unpaid Interns” Held to be Employees Who Should Have Been Paid

As this FEB went to publication, a federal district court in New York issued an important — and very instructive — decision on the compensation of unpaid interns at for-profit companies. In Glatt v. Fox Searchlight Pictures,...more

Unpaid Internships may be more costly than you think: follow-up to recent post

On June 11, in Glatt v. Fox Searchlight Pictures, Inc.., the US District Court for the Southern District of New York held that unpaid interns who worked for on the movie “Black Swan” had been improperly classified, and were...more

High Profile Decision Deals Blow to Unpaid Internship Programs

Many companies with unpaid internship programs have been closely watching a case filed by unpaid interns who worked on the film Black Swan, and this week, the outlook turned grim. The U.S. District Court for the Southern...more

Still Willing To Have Unpaid Interns?

We have repeatedly cautioned that employers who are prepared to take on unpaid interns should enter into these arrangements with their eyes fully open. New developments emphasize this yet again....more

Ways to Help Business Internship Partners Avoid DOL Pitfalls

Many colleges and universities require some kind of practical, hands-on experience as a part of their curriculum. Employers and schools alike place a premium on real world experience that cannot always be gained from sitting...more

To Pay or Not to Pay? The Test for the Unpaid Intern

As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Internships: Out of Fashion

A former unpaid intern, Dajia Davenport, recently filed a class action lawsuit against Elite Model Management. The lawsuit was filed in the Southern District Court of New York and seeks $50 million in connection with various...more

Risks Of "Internship" Claims And Liability Still Increasing

We have warned for some time now that businesses and other organizations should think carefully if they are considering the possibility of permitting unpaid internships. What might be described as the internship "season" is...more

The Wage and Hour Movement Against Internship Programs

Lawsuits brought by interns are potentially becoming the next big trend in wage and hour litigation. As we discussed in a recent Alert in December of 2012, although it may be tempting for employers to tap into the large pool...more

Unpaid Interns, Volunteers, And Trainees

Who, What, Why . . . Who does it apply to: Every employer who has or intends to hire unpaid interns. When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a...more

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