Unpaid Interns

News & Analysis as of

Employment Law Navigator – Week in Review: July 2016 #5

Pokemon Go has taken the world by storm. Last week, several blogs discussed what employers can do to limit the effect of the game on the workplace. HR Morning advised looking at information technology and social media...more

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

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

Stay Smart When Hiring Summer Interns

As the summer holiday approaches, many eager university students will be looking at working as an intern to gain work experience. For many businesses, hiring summer interns is a great way to scout out potential talent and...more

Employment Law Roundup: Summary of Recent Changes Affecting New York Employers

Private employers in New York should be aware of a number of employment law changes over the past year that affect background checks (both credit and criminal history), anti-discrimination protections and reasonable...more

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

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

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

Gawker FLSA Ruling Leaves Interns Gawking

Where's the line between an intern and an employee? If you think that's an easy question, consider this: the Fair Labor Standards Act (FLSA) defines "employ" broadly as to "suffer or permit to work." So, who's to say that...more

New York District Court Grants Summary Judgment for Employer in Gawker Intern Case

Litigation Over Interns Dries Up Internship Opportunities - The natural and probable consequence of litigation over unpaid internships was that such opportunities would disappear because the risk of litigation for even...more

Gawker Victory Against Unpaid Interns Provides Helpful Roadmap

A federal judge has sided with Gawker in the media company’s legal battle with a former unpaid intern who claimed that he should have been compensated as an employee. On March 29th, Judge Alison Nathan in the Southern...more

Amendments to FEHA Regulations Effective April 1, 2016

On April 1, 2016, amendments to California’s Fair Employment and Housing Act (FEHA) regulations will become effective. While the amendments bring the regulations into compliance with various recent statutory changes and case...more

This Is Not a Prank: California’s New Amended FEHA Regulations Are Effective April 1

California’s Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in the workplace that is based on one or more of the categories commonly protected by local, state and federal discrimination laws....more

Closure For Second Circuit Intern Case, But Risks Persist Nationally

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

A New And More Flexible Approach To Internship Programs

Class action lawsuits filed by interns who claim they should be classified as employees have proliferated over the last few years. In these types of cases, a large number of interns have argued that they were actually...more

It’s a Trap!  Students Receiving Credit Need Not Be Paid? 

As colleges and universities begin new terms, not all students are returning to the classroom. Some students are headed into the “real world,” to work alongside corporate titans, small-business owners, or moms and pops in...more

2nd Circuit Amends Unpaid-Internship Opinion

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

Second Circuit Leaves Interns in the Cold—Again

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

New York Employers – Looking Backward and Forward.

Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come....more

Unpaid Internships: Stocking Stuffer for Employers, or a Proverbial Fruitcake?

It’s been said the best things in life are free. In California, where running a business is very expensive, an unpaid internship program might seem a perfect gift. Employers of all sizes and in virtually all industries use...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

Michael Kors and Versace Sued by Unpaid Interns

Earlier this month, approximately 100 former interns filed class action suits in New York state court against Michael Kors and Versace for allegedly classifying them as interns rather than employees....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

[Event] Labor & Employment Law Update & Happy Hour - Oct. 15th, Los Angeles, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

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

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

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