Unpaid Interns

News & Analysis as of

Worth The Work? Why it is Risky To Not Pay Your Interns

Unless you were unplugged, you probably saw all the high profile names that made legal headlines last week. Included in that list was David Letterman. In a quick whirlwind of activity, a CBS intern filed a wage and hour...more

New Laws Affecting California Employers: Anti-Harassment Protections for Unpaid Interns, Anti-Bullying Training for Managers, and...

California employers need to be aware of three important employment laws that were recently enacted. Effective immediately, California’s existing discrimination and harassment laws have been extended to unpaid interns....more

Illinois Extends Sexual Harassment Protection to Unpaid Interns

Further extending the Illinois Human Rights Act’s already expansive protection of victims of sexual harassment, Illinois Governor Pat Quinn last month signed into law a bill amending the Act to protect unpaid interns against...more

The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that...more

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination...more

Act Now Advisory: Illinois Extends Sexual Harassment Protection to Unpaid Interns

The Governor of Illinois has signed into law a bill (the "Amendment") that amends the Illinois Human Rights Act to prohibit sexual harassment against unpaid interns. The Amendment becomes effective on January 1, 2015....more

Court "Certifies" Gawker Media Interns' Collective Action

After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential...more

New York District Court Conditionally Certifies Class of Interns

In Mark v. Gawker Media LLC, Case No. 13-cv-4347(AJN) (S.D. N.Y. Aug. 15, 2014), Gawker became the subject of yet another in a line of cases involving unpaid interns. Four interns brought suit under the FLSA, contending that...more

Governor Amends NYS Human Rights Law to Protect Unpaid Interns From Discriminatory Practices

On July 22, 2014, New York State Governor Andrew Cuomo signed a bill amending the New York Human Rights Law to grant unpaid interns protections from "discriminatory practices." The amendment is effective immediately and it...more

Act Now Advisory: Unpaid Interns in New York State Continue to Gain Protections Under Anti-Discrimination Laws

On July 22, 2014, Governor Andrew Cuomo signed an amendment to the New York State Human Rights Law ("NYSHRL"), adding a section relating to discriminatory practices against unpaid interns. The amendment, which gives unpaid...more

Department of Labor Brief Provides More Guidance on Interns

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private...more

New York Amends Human Rights Law to Protect Unpaid Interns

On July 22, 2014, Governor Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c entitled, “Unlawful discriminatory practices relating to interns.” The amendment prohibits employers from...more

Ontario Bill to extend protection of OHSA to unpaid trainees

A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act. The OHSA currently gives that protection to paid workers only. The current definition of “worker” under the OHSA...more

Interns and employment issues

1. Are interns employees? This is an important question with a big impact on the individual concerned and what remuneration and rights they are entitled to. And the answer is…it depends. The main determining factor is...more

USDOL Brief Elaborates Upon "Intern" Views

We wrote some time ago about a lower federal court's determination in Glatt v. Fox Searchlight Pictures that at least two unpaid interns were "employees" for federal Fair Labor Standards Act purposes. ...more

A 40 Hour per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job...more

Interns Win One, Lose One, In Having Misclassification Cases Conditionally Certified In New York

There has been a great deal of coverage involving litigation by interns against various media and entertainment companies in New York. We won’t recount the many articles, blogs, and discussions about this issue. If you need a...more

When it Comes to Volunteers and Unpaid Interns There is No Such Thing As a Free Lunch

It is summertime and the schools are out. You get a call from an eager college student offering to intern at your company for free. It seems like a win-win situation, right? Your company wins by having someone finally get...more

Attention New York City Employers: New Unpaid Intern Protections to Take Effect June 2014

As we previously posted on April 16, 2014 (click here), the recently-passed “unpaid intern” amendments to the New York City Human Rights Law (the “NYCHRL”) will become effective this weekend on June 14, 2014. The timing of...more

Hiring an Unpaid Intern for the Summer? Five Legal Guidelines to Avoid a FLSA Violation

With summer vacation around the corner, many companies are looking to hire unpaid interns. If your company is considering an unpaid internship, be sure to carefully structure the internship to avoid running afoul of the Fair...more

New York City’s Human Rights Law Extends Protection to Unpaid Interns; Is New York State Far Behind?

Effective June 14, 2014, the New York City Human Rights Law will extend its nondiscrimination protections to unpaid interns. An intern is defined as “an individual who performs work for an employer on a temporary basis whose...more

Business Litigation Alert: "Unpaid Interns and Employee Rights"

Shifting Regulations Expand Rights for Unpaid Workers - Unpaid internships have historically been a rite of passage for college students and young professionals. In the past, unpaid interns had little legal protection...more

How to Keep Your Unpaid Internship Program Legal

The summer internship season is starting up, so it is a perfect time to evaluate your organization’s unpaid internship program. Unpaid interns can gain valuable, real world experience (tremendously helpful in this sluggish...more

The Boys of Summer: Interns, Seasonal Workers and More

Memorial Day weekend has passed, the Major League Baseball season is in full swing, and summer is upon us. With apologies to Roger Kahn, for us wage and hour practitioners, the “Boys of Summer”...more

Unpaid Summer Internships Are A Bad Deal – For Employers

With summer fast approaching, it seems a good time to brush up on the topic of summer internships. Plenty of high school and college students – even recent college graduates – would be grateful for the opportunity to learn...more

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