News & Analysis as of

Internships Fair Labor Standards Act

7th Circuit Says Beauty School Student Not An Employee

On August 14, in Hollins v. Regency Corp., the Seventh Circuit Court of Appeals affirmed a decision from the U.S. District Court for the Northern District of Illinois that a cosmetology student who worked at her beauty...more

Hair Today, Gone Tomorrow: Seventh Circuit Rejects Claim That Cosmetology Trainees Were Employees

by Jackson Lewis P.C. on

Former cosmetology students are not employees entitled to pay under the FLSA and various state laws, the Seventh Circuit holds, rejecting the Department of Labor’s six-factor test but declining to adopt any bright-line test....more

How Today’s Employers Can Avoid The Heat With Their Unpaid Summer Internship Programs

by Cole Schotz on

Memorial Day weekend is upon us: the weather is getting warmer, colleges are out of session, and high schools are winding down towards final exams. More than just the start of Summer, this means Summer Intern season has...more

Hiring A Summer Intern? What You Should Know Regarding Pay

by Smith Anderson on

As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more

It’s Internship Time!

by SmithAmundsen LLC on

It’s that time of the year when college students will come knocking looking for a job or an internship. Depending on the nature of an organization’s business, an unpaid intern might be a great idea....more

How to Engage an Intern and Not End Up with an Employee

by Hirschfeld Kraemer LLP on

Welcome to the third article in our four-part Spring Series discussing important developments in California’s wage and hour laws that impact our higher education clients. Earlier, we provided a general overview of California...more

Ivanka Trump Intern Controversy Offers Key Reminders for Businesses

by Carlton Fields on

A recent blog post by one of Ivanka Trump’s interns suggests the Presidential candidate’s daughter uses unpaid interns to help run her website, IvankaTrump.com. The intern offered tips on staying financially afloat while...more

Summertime, and the Livin’ is…well, potentially complicated

by McAfee & Taft on

Ah…summertime. It’s finally here. The long days, the slower pace. Vacations, hotdogs and hamburgers on the grill, and the ever-present risk of legal exposure. Huh? That’s right, summertime also ushers in different types of...more

But Will You Work for Free? The Difficulty in Using Unpaid Interns

by Varnum LLP on

The sun is starting to peak from behind gray clouds, and we all know what that means: summer is almost upon us! School is out, time for beach trips, barbeques, fireworks…and unpaid internships. With droves of undergraduate...more

Closure For Second Circuit Intern Case, But Risks Persist Nationally

by Seyfarth Shaw LLP on

Spring is around the corner, with summer not far behind, so thoughts naturally turn to the obvious topic: internships. Although the volume of new lawsuits by unpaid interns challenging their status has abated...more

Second Circuit Amends its Unpaid Intern Classification decision; Refines the Primary Beneficiary Analysis

Last summer the Second Circuit issued an important decision that identified the proper test for determining whether an employer properly classified an individual as an unpaid intern. The decision was a victory for employers...more

2nd Circuit Amends Unpaid-Internship Opinion

by Fisher Phillips on

Readers will recall that, last July, the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) adopted a "primary benefit" framework for determining whether a for-profit entity's...more

The Intern: delightful movie—risky employment practice

by FordHarrison on

Well, the Golden Globes were Sunday night and all of Hollywood tuned it to celebrate the best of film and television. One movie that was noticeably absent from the nominations (at least in my opinion) was The Intern, a...more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Eleventh Circuit adopts and clarifies "primary beneficiary" test for unpaid interns under the FLSA

by Dentons on

On September 11, 2015, the US Court of Appeals for the Eleventh Circuit handed down a landmark decision clarifying the circumstances under which unpaid interns are entitled to receive compensation under the Fair Labor...more

Is the Six-Factor Test Still Good? Eleventh Circuit Endorses Modified Intern Test

A recent decision by the Eleventh Circuit Court of Appeals appears to reject the U.S. Department of Labor’s oft-recited six-factor test, which is used to determine whether interns are actually functioning as employees. In...more

Eleventh Circuit Joins Second Circuit in Holding the Unpaid Intern FLSA Classification Analysis Depends on the “Primary...

The Eleventh Circuit recently joined the Second Circuit in adopting the employer-friendly “primary beneficiary” test to determine whether unpaid interns are properly classified as employees under the FLSA. The Second...more

Eleventh Circuit Rejects DOL Test in Internship Collective Action

by BakerHostetler on

It is almost an axiom that the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., passed in 1938, is out of date. Despite modest tweaks since the time it was enacted, a particularly dark time in the Great Depression, it is...more

Another Court Adopts "Primary Beneficiary" Internship Analysis

by Fisher Phillips on

We reported in July that the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) laid out seven non-exhaustive factors as part of a "primary beneficiary" analysis for evaluating...more

11th Circuit "Tweaks" Test For Whether Interns Are Employees

by Franczek Radelet P.C. on

If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair...more

Student Interns: To Pay or Not to Pay?

by Hinshaw & Culbertson LLP on

With the school year just underway, thousands of students are heading off campus to begin student internships. (Hollywood is paying attention too.) Of those interns, many go unpaid. In recent years, the number of students...more

Another Blow to DOL Position on Internships

by Seyfarth Shaw LLP on

Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more

Another Blow to Intern Test

by Sherman & Howard L.L.C. on

The DOL’s six-factor test for determining “employee” status for interns or trainees under the FLSA took another blow last Friday, this time from the Eleventh Circuit in Schumann v. Collier Anesthesia, PA (11th Cir. Sept. 11,...more

Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test for Unpaid Interns

On September 11, 2015, the Eleventh Circuit became the first appellate court to address the standard for lawful unpaid internships since the Second Circuit’s ruling in Glatt et al. v. Fox Searchlight Pictures, Inc. et al....more

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