Unpaid Interns Class Action

News & Analysis as of

Second Circuit Teaches Unpaid Interns a Lesson

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

Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds

The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits...more

“Black Swan” Internship Case Creates New Obstacles For Employers In California

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

#OptIn #OptOut — Update

Back in March we wrote about the group of former unpaid interns from Gawker Media’s Manhattan office suing to recover back pay under the federal Fair Labor Standards Act (FLSA), and their desire to use social media to...more

New York Federal Court “Likes” the Use of Social Media to Notify Class Members in Wage and Hour Action

In what appears to be a sign of things to come, a federal court in New York recently approved the use of social media to notify potential class members who were more likely to be reached that way rather than by more...more

Retail and Fashion Law Trends: What’s ‘‘In’’ for 2015

The retail industry saw a number of significant developments in 2014, many of which were a long time in the making. As courts begin to consider new claims and legislation that arose last year, the industry needs to be aware...more

10 Tips for Avoiding Unpaid Intern Lawsuits

A television network recently agreed to pay $7.2 million to settle a class action lawsuit filed by former interns claiming violations of the Fair Labor Standards Act (FLSA) and state statutes. This represents one of the...more

Second Circuit Critical of DOL Test in Pending Unpaid Intern Cases

Glatt et al. v. Fox Searchlight Pictures Inc., No. 13-4478 (2d Cir.) and Wang et al. v. The Hearst Corp., No. 13-4480, (2d Cir.): On January 30, 2015, the Second Circuit Court of Appeals held oral arguments in two closely...more

Class Action Lawsuits: In Vogue? High Fashion Gets Hit with Wage and Hour Class Action Lawsuits over Unpaid Internship Programs

Sportswear-inspired designs, bold prints, and gingham aren’t the only things trending for Spring 2015 in the fashion world. Judging from a recent wave of lawsuits, wage and hour class actions are trending as well. Over the...more

Interns’ Class Action Carries Multimillion Dollar Price Tag

Late last spring I posted on this blog about the pitfalls for employers of unpaid internships, often offered to young people during the summer months, or to students or recent college graduates as “pre-entry-level” positions....more

Bernstein Shur Business and Commercial Litigation Newsletter #47

We are pleased to present the 47th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a case that addresses claims against Facebook based on the U.S. Wiretap Act, a case...more

SDNY Judge Permits Use of Social Media to Notify Potential Opt-In Plaintiffs of Conditionally Certified Collective Action by...

In an unpublished ruling last month, Federal Judge Alison Nathan of the U.S. District Court for the Southern District of New York granted the request of counsel for a putative class of unpaid interns to use social media to...more

Using Unpaid Interns Can Land Your Company in Class Action Hot Water

A recent surge in lawsuits against well-known New York-based fashion retailers and media giants, such as Oscar de la Renta, LLC; Marc Jacobs International, LLC; Donna Karan International, Inc.; Calvin Klein, Inc.; Coach,...more

Employment Law Summer Recap 2014: Part 8 of 11 – New York’s Coldest Summer, Especially for Employers Who Utilized Unpaid Interns

It felt like we were in a dream. Or maybe San Diego. Day after day, 82 degrees and little humidity. In a word: pleasant. We know next summer probably won’t be the same, but we sure enjoyed this one. That’s right – this was...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

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

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

Top 5 Legal Trends For Hospitality Employers

There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014....more

More Rulings Coming on Legality of Intern Programs

In recent years, a wave of lawsuits brought by unpaid interns seeking compensation for their work has spurred businesses to take a hard look at their internship programs to ensure they are compliant with federal and state...more

Interns: Unpaid and Unprotected?

As we have previously mentioned, issues relating to unpaid interns continue to be a hot topic. In the wage law arena, disenchanted former interns have brought a string of well-publicized class action lawsuits against their...more

Drawing Lines More Nice Than Obvious: Unpaid Internships and Twerking

If you’ve skimmed internet news in the last 4 months, you’re aware of two scary trends: (1) twerking and (2) interns filing class actions for unpaid compensation against publishers, entertainment companies, fashion houses,...more

New York City Council Expands Protection Against Pregnancy Discrimination

On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more

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