Unpaid Interns

News & Analysis as of

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

Unpaid Summer Interns; Folks, Nothing Has Changed

The annual rites of summer are underway. Treetops are alive with the songs of brightly-plumed birds, bees hum happily as they move from flower to flower, and warm breezes tease the tall grasses and bring occasional afternoon...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

School is Almost Out and Summer Interns are (Still) In

With the Memorial Day weekend approaching, many people are looking forward to hitting the beach, firing up the grill and polishing off their golf clubs, which are, for many Northeasterners, covered in cobwebs after this long...more

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

10 Tips for Hiring Summer Interns and Staying FLSA Compliant

Unpaid internships traditionally allow inexperienced students to gain hands-on knowledge in their field. In turn, employers use internship programs to find and test-drive new talent, increase productivity, support students...more

Fenwick Employment Brief - May 2014

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace - In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more

As Summer Hiring Season Approaches, Employers Should Be Aware of Wage Payment Rules for Interns

Continued sluggishness in some sectors of our economy has left many students and recent college graduates without jobs and willing to consider working as unpaid “interns” in order to gain experience and connections in...more

New York City Amends Its Human Rights Law to Extend Protection to Interns

On April 15, 2014, New York City Mayor Bill De Blasio signed into law an amendment to the New York City Human Rights Law (“NYCHRL”) extending the protections from discrimination and harassment contained in the NYCHRL to both...more

Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says -...more

When Mediation Makes Sense: A Win for Employers and Employees

A recent article in the New York Times discussed a new law giving unpaid interns in New York the right to sue if they are harassed or discriminated against by an employer. The legislation takes effect in June, a time of year...more

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

Unpaid, but Not Unprotected: New York City Extends Human Rights Law to Protect Interns

As reported by us in recent blog articles (Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns and The High Cost of Hiring Unpaid Interns), employment issues...more

Hospitalitas Newsletter - Spring 2014

In This Issue: - Your Grandmother Doesn’t Work for Free: Volunteer and Intern Positions Under Closer Scrutiny - Excessive Celebration – Penalty Declined - Four Crisis Management Lessons from the...more

Southern District Of New York Judge Conditionally Certifies Another Unpaid Intern Collective Action

O’Jeda v. Viacom, Inc., 13 Civ. 5658 (S.D.N.Y. Apr. 4, 2014): As we covered in our June 2013 and September 2013 issues, a number of intern misclassification cases are currently before New York courts. While those cases are...more

Labor, Employment And Employee Benefits Executive Briefing - April 2014

In This Issue: - Employers Should Review Internship Programs for Legal Compliance ..The Department of Labor’s Six-Factor Test ..Unpaid Internships in the News ..Practical Guidance - Developments in...more

New York City Human Rights Law Expanded To Protect Unpaid Interns

On April 15, 2014, New York City Mayor Bill de Blasio expanded protection under the New York City Human Rights Law (NYCHRL) to include unpaid interns. The amendment effectively overturns the U.S. Southern District of New...more

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