News & Analysis as of

Unpaid Interns Corporate Counsel

Jackson Lewis P.C.

Forensic Photographer Trainee Takes Shot at Employee Status, But It Doesn’t Develop, 11th Circuit Rules

Jackson Lewis P.C. on

A forensic photographer who enrolled in a county training program was an intern and not an employee, a three-judge panel of the Eleventh Circuit Court of Appeals has held in a divided opinion. As a result, her minimum wage...more

Fisher Phillips

Changes to Hong Kong’s Discrimination Ordinances: What Employers Need to Know

Fisher Phillips on

In June 2020, Hong Kong passed the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 (“Amendment”), amending the Sex Discrimination Ordinance (SDO), the Race Discrimination Ordinance (RDO), the Disability...more

Bradley Arant Boult Cummings LLP

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more

Jackson Lewis P.C.

Top Five Labor Law Developments For November 2019

Jackson Lewis P.C. on

1.The National Labor Relations Board (NLRB) has clarified its test for determining whether an employee’s protected activity under the National Labor Relations Act (NLRA) was a motivating factor in employee discipline....more

Jackson Lewis P.C.

Second Circuit Shears Cosmetology Student’s Claims In Intern-Or-Employee Case

Jackson Lewis P.C. on

Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s...more

BakerHostetler

New York District Court Rejects Putative Class Settlement Involving Interns

BakerHostetler on

An improper class still isn’t a class even if you settle - Here’s something you don’t see every day. A district court has rejected the settlement of a proposed class and collective action – not due to the usual reasons such...more

Epstein Becker & Green

Employment Law This Week®: DOL’s Association Health Plan Proposal, NJLAD Includes Nursing Mothers, New Unpaid Intern Test, HHS’s...

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We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Seyfarth Shaw LLP

DOL Bids Adieu to Six-Factor Internship Test

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more

Ballard Spahr LLP

N.Y. Decision May Hinder Early Class Action Settlements

Ballard Spahr LLP on

The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Court of Appeals Rules That Hearst Interns Are Not Employees

In a decision issued earlier this month, the Second Circuit Court of Appeals ruled that participants in unpaid internship programs offered by the Hearst Corporation could not be classified as “employees” of Hearst and...more

BakerHostetler

Second Circuit Affirms Summary Judgment in Putative Internship Class

BakerHostetler on

Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers reduced or eliminated internships, the flood of anticipated litigation never...more

Jackson Lewis P.C.

Hair Today, Gone Tomorrow: Seventh Circuit Rejects Claim That Cosmetology Trainees Were Employees

Jackson Lewis P.C. on

Former cosmetology students are not employees entitled to pay under the FLSA and various state laws, the Seventh Circuit holds, rejecting the Department of Labor’s six-factor test but declining to adopt any bright-line test....more

Seyfarth Shaw LLP

In Final Exam, Court Rejects Hearst Interns’ Pay Claims

Seyfarth Shaw LLP on

Unpaid interns for Hearst magazines have been rebuffed again in their effort to be declared eligible to receive wages under the FLSA and the New York Labor Law. In an August 24, 2016 ruling, Judge J. Paul Oetken of the...more

Seyfarth Shaw LLP

Gawker Victory Against Unpaid Interns Provides Helpful Roadmap

Seyfarth Shaw LLP on

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

Mintz - Employment, Labor & Benefits...

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

Fisher Phillips

2nd Circuit Amends Unpaid-Internship Opinion

Fisher Phillips on

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

Seyfarth Shaw LLP

Second Circuit Leaves Interns in the Cold—Again

Seyfarth Shaw LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Seyfarth Shaw LLP

Another Blow to DOL Position on Internships

Seyfarth Shaw LLP on

Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more

Cozen O'Connor

Yelp Reviewers Are Not “Employees”

Cozen O'Connor on

In a world where the lines between employees and volunteers/interns are becoming increasingly blurred, it is nice to see at least one court easily dispense with a wage and hour lawsuit. On August 13, 2015, a federal judge...more

Seyfarth Shaw LLP

Second Circuit Teaches Unpaid Interns a Lesson

Seyfarth Shaw LLP on

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

Spilman Thomas & Battle, PLLC

The Return of the Unpaid Labor Force: A Refresher on Unpaid Summer Interns

This time every year, employers across the country welcome student interns into their workforce in droves. Internships are mutually beneficial relationships: the intern receives real-world, practical experience and the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Three Tips on Avoiding Summer Internship Headaches

Spring is here and retailers across the country are considering hiring summer interns in areas such as finance, communications, marketing, merchandising, production, and public relations. Internships serve a valuable...more

BakerHostetler

Changes in California Employment Law for 2015

BakerHostetler on

As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: - Mandatory Paid Sick Leave - Protections Against Discrimination and...more

Franczek P.C.

Yes, Employers Can Still Have Unpaid Interns (Under the Right Circumstances)

Franczek P.C. on

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. I hope that our more recent...more

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