News & Analysis as of

Misclassification Fox Searchlight Pictures

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

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

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

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

Davis Wright Tremaine LLP

Unpaid Interns May Be Entitled to Wages and EEO Protections

Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused...more

Akerman LLP - HR Defense

The Continuing Saga Of Unpaid Workers & Misclassification Issues

Worker misclassification continues to be an issue at the forefront of today's workplace....more

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