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Internships Fox Searchlight Pictures

Jackson Lewis P.C.

Labor Department Adopts ‘Primary Beneficiary’ Test For Determining Employee Status Of Interns, Students

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The Department of Labor has decided to align its analysis under the Fair Labor Standards Act (FLSA) of the intern-vs.-employee determination with that of the majority of federal appellate courts to have addressed the issue,...more

Conn Maciel Carey LLP

U.S. Department of Labor Changes Position on Internships Under the FLSA

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Although summer seems far away, now is the time when most employers begin to prepare for their summer internship programs. Internships are a great way to give college students or new professionals some hands-on experience in...more

Ballard Spahr LLP

Labor Department Hits the Brakes on Class Actions by Interns

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In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more

Benesch

The DOL Abandons Rigid Six-Factor Intern Test and Adopts Court-Favored Approach

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On January 5, 2018, the Department of Labor (“DOL”) adopted a more lenient standard for assessing whether interns qualify as employees under the Fair Labor Standards Act (“FLSA”). Previously, in 2010, the DOL promulgated...more

Jackson Lewis P.C.

It’s Cut And Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology And Hair Design Students Were...

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Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held. Benjamin v. B&H...more

Seyfarth Shaw LLP

That’s a Wrap: Fox Reaches Deal with Unpaid Interns

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Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used...more

Seyfarth Shaw LLP

Closure For Second Circuit Intern Case, But Risks Persist Nationally

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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

Fisher Phillips

2nd Circuit Amends Unpaid-Internship Opinion

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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

Seyfarth Shaw LLP

Second Circuit Leaves Interns in the Cold—Again

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While most New Yorkers rode out last weekend’s blizzard by binge watching television or enjoying playoff football, three Second Circuit judges apparently spent their time more productively, as the court on Monday issued an...more

Carlton Fields

Unpaid Internships: Tips for Avoiding Legal Liability

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Unpaid internships present companies with potential legal exposure, as shown by several recent, well-publicized legal victories for interns, including one against NBC, which ultimately paid out millions of dollars. To help...more

Bond Schoeneck & King PLLC

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

Manatt, Phelps & Phillips, LLP

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

Greenberg Glusker LLP

Client Alert - Interns & Independent Contractors

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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

Parker Poe Adams & Bernstein LLP

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

Cooley LLP

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

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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

Patterson Belknap Webb & Tyler LLP

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Kelley Drye & Warren LLP

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

Genova Burns LLC

Second Circuit Outlines The Way for Employers to Hire Unpaid Interns

Genova Burns LLC on

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

Pillsbury Winthrop Shaw Pittman LLP

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

Bradley Arant Boult Cummings LLP

Somebody Get Me an Intern!—Second Circuit Overturns “Black Swan” FLSA Case

Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry. The district court had held that Fox Searchlight Pictures...more

Fisher Phillips

Court Adopts "Primary Benefit" Unpaid-Intern Analysis

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We have been following developments in Glatt v. Fox Searchlight Pictures since former unpaid interns filed the lawsuit in 2011 seeking (among other things) back-wages under the federal Fair Labor Standards Act. In June 2013,...more

Morgan Lewis

Second Circuit Establishes New Test for Unpaid Intern Claims

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The Second Circuit’s ruling provides employers with greater leeway for unpaid internship programs and a stronger defense for class-action lawsuits brought by unpaid interns. In a long-awaited decision, the US Court of...more

Seyfarth Shaw LLP

Second Circuit Teaches Unpaid Interns a Lesson

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In a closely watched case affecting the viability of unpaid internship programs at for-profit employers, the Second Circuit held that the “primary beneficiary” test should be used to decide whether interns should be deemed...more

Baker Donelson

Interns or Employees? The Issue Draws Nearer to Conclusion

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Three and a half years ago, litigation began in the Southern District of New York ("S.D.N.Y.") challenging the long-held assumption that interns were not "employees" under the law. These cases alleged that interns who were...more

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