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Unpaid Interns The United States Department of Labor

The Law Governing Unpaid Interns, Part II: Rights Under Federal and State Nondiscrimination Laws

This is the second of two blogs covering the law governing unpaid interns and volunteers. Our first blog reviewed the basic criteria for determining whether a worker can properly be considered an unpaid intern or volunteer....more

It’s Almost Summer! Time to Review the Law Governing Interns, Part I

It’s that time of year again when employers who take on interns and volunteers for the summer are reminded that they must comply with federal and state wage and hour laws. There have been a few new developments in the law...more

How Today’s Employers Can Avoid The Heat With Their Unpaid Summer Internship Programs

by Cole Schotz on

Memorial Day weekend is upon us: the weather is getting warmer, colleges are out of session, and high schools are winding down towards final exams. More than just the start of Summer, this means Summer Intern season has...more

It’s Internship Time!

by SmithAmundsen LLC on

It’s that time of the year when college students will come knocking looking for a job or an internship. Depending on the nature of an organization’s business, an unpaid intern might be a great idea....more

Ivanka Trump Intern Controversy Offers Key Reminders for Businesses

by Carlton Fields on

A recent blog post by one of Ivanka Trump’s interns suggests the Presidential candidate’s daughter uses unpaid interns to help run her website, IvankaTrump.com. The intern offered tips on staying financially afloat while...more

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

by White & Case LLP on

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

by McAfee & Taft on

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

by Varnum LLP on

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

Closure For Second Circuit Intern Case, But Risks Persist Nationally

by Seyfarth Shaw LLP on

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

A New And More Flexible Approach To Internship Programs

by Fisher Phillips on

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

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

by Seyfarth Shaw LLP on

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

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

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

by Dentons on

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

Eleventh Circuit Rejects DOL Test in Internship Collective Action

by BakerHostetler on

It is almost an axiom that the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., passed in 1938, is out of date. Despite modest tweaks since the time it was enacted, a particularly dark time in the Great Depression, it is...more

Another Court Adopts "Primary Beneficiary" Internship Analysis

by Fisher Phillips on

We reported in July that the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) laid out seven non-exhaustive factors as part of a "primary beneficiary" analysis for evaluating...more

11th Circuit "Tweaks" Test For Whether Interns Are Employees

by Franczek Radelet P.C. on

If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair...more

Another Blow to DOL Position on Internships

by 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

Another Blow to Intern Test

by Sherman & Howard L.L.C. on

The DOL’s six-factor test for determining “employee” status for interns or trainees under the FLSA took another blow last Friday, this time from the Eleventh Circuit in Schumann v. Collier Anesthesia, PA (11th Cir. Sept. 11,...more

Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test for Unpaid Interns

On September 11, 2015, the Eleventh Circuit became the first appellate court to address the standard for lawful unpaid internships since the Second Circuit’s ruling in Glatt et al. v. Fox Searchlight Pictures, Inc. et al....more

DOL’s Publishes How-to Guide for Inclusive Internship Programs

by Seyfarth Shaw LLP on

The U.S. Department of Labor’s Office of Disability Employment Policy has recently released the “Inclusive Internship Programs: A How-to Guide for Employers” (How-To-Guide). The DOL’s guide provides information on the...more

Unpaid Internships: Tips for Avoiding Legal Liability

by Carlton Fields on

Unpaid internships present companies with potential legal exposure, as shown by several recent, well-publicized legal victories for interns, including one against NBC, which ultimately paid out millions of dollars. To help...more

Guidance on Using Unpaid Interns

by Tucker Arensberg, P.C. on

With school about to start, students looking for internships will not be far behind. If your company has an internship program, you need to be award of the regulations governing the same....more

FLSA: Changes Continue to Affect Employers

by Akerman LLP - HR Defense on

This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent...more

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