News & Analysis as of

Should The White House Be Paying Its Interns?

The unpaid-interns ruckus continues to unfold, this time in a way that entangles President Obama. As we many have observed, an unpaid White House intern might conclude that he or she is “engaged in the operations of...more

Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

Paying Elves And Interns!

Actually, internships may be a good option for Santa’s non-profit operation – so long as he does not pay a stipend or offer any benefits and clarifies whether interns are unpaid volunteers or paid employees. Paying a...more

The Fate Of Hollywood Internship Programs May Rest With The Second Circuit

Former interns used to get revenge against their employers by writing tell-all blog posts and memoirs. Now, they’re lending their names to plaintiffs’ lawyers, who then file wage-and-hour class or collective actions alleging...more

Are Unpaid Interns Really Employees?

The Glatt v. Fox Searchlight Pictures, Inc., decision continues to add fuel to the fire as the trend of class-action lawsuits by unpaid interns against their employers grows. In Glatt, the interns performed...more

Employment Flash - November 2013

In This Issue: - OFCCP Releases VEVRAA and Rehabilitation Act Section 503 Final Rules - US Supreme Court to Decide Whether Severance Payments Are Subject to FICA - SDNY Rules That NYC Human Rights Law Does Not...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

Law À La Mode - Issue 11 – Fall 2013

In This Issue: - Who are you wearing? Protecting the power of your name - Cosmetics – preserving their reputation: Concerns over chemical preservatives - Australian dollar heads south: Will parallel...more

Be Careful With Unpaid Interns: The Six-Factor Checklist You Need

With the abundance of college graduates scrambling for too few paid jobs, many employers are nabbing them for unpaid internships—hoping to keep this talent until paid positions become available. ...more

Free Interns-The End Of An Era?

As an employer, at one time or another, you have probably helped eager students gain real work experience as interns at your company. ...more

Are Your Internship Practices Putting You At Risk?

A surge of lawsuits focusing on the common practice of employing unpaid interns could be coming after a judge found that two Fox Searchlight production interns were not compensated legally....more

Unpaid Internships: What Are the Rules for Employers?

The tradition of hiring unpaid summer interns has a long, established history for many employers. The role of internships has expanded from an informal, summertime experience to workers looking to make a career change or get...more

A Tale of Two Interns: The Challenges of Unpaid Internships

As the number of unpaid interns at healthcare facilities continues to grow, two recent decisions issued by the U.S. District Court for the Southern District of New York involving claims brought by putative classes of unpaid...more

The Test for Unpaid Interns

The United States District Court for the Southern District of New York recently ruled that Fox Searchlight Pictures violated federal and New York minimum-wage laws by not paying interns who worked on production of the 2010...more

Hidden costs of interns

Summertime at the workplace is usually marked by the arrival of eager students willing to work for free in exchange for valuable hands-on work experience and maybe future job references. The offer is enticing, but employers...more

Employers Beware: Unpaid Internships May Result in Labor Law Violations

In the throes of summer internship season, the Honorable William H. Pauley, III, of the United States District Court for the Southern District of New York, issued a recent opinion that will leave many employers revisiting...more

Unpaid Internships May Cost Your Business Dearly In The Long Run

Summer has finally arrived. While many of us will soon become consumed with pool parties, backyard barbeques, and well-deserved vacations, a new crop of summer interns is just beginning their first endeavor in the working...more

Legal Alert: Hire Unpaid Interns at Your Peril

While Vince Vaughn and Owen Wilson have recently brought some attention to the internship position by comically portraying the life of Google interns in the movie The Internship, the U.S. District Court for the Southern...more

The Current Landscape in FLSA Unpaid Intern Litigation - Law Firms Ready to Pounce

Every summer, unpaid interns arrive at various businesses throughout the country to learn a little bit about the real world before going back to school or diving into the job market. But this summer, it is one federal court...more

Do You Have To Pay Summer Interns?

Summer has arrived and many employers have already supplemented their operations with student interns, but the question we see crop up repeatedly is, “do I have to pay interns?”...more

Unpaid Internships may be more costly than you think: follow-up to recent post

On June 11, in Glatt v. Fox Searchlight Pictures, Inc.., the US District Court for the Southern District of New York held that unpaid interns who worked for on the movie “Black Swan” had been improperly classified, and were...more

High Profile Decision Deals Blow to Unpaid Internship Programs

Many companies with unpaid internship programs have been closely watching a case filed by unpaid interns who worked on the film Black Swan, and this week, the outlook turned grim. The U.S. District Court for the Southern...more

Work for Free and Maybe Meet a Celebrity? Probably Not a Lawful Internship!

Unfortunately, it may be too late for some employers that have already begun their summer internship programs, but for-profit, private sector employers should be aware that they face a steep barrier when trying to establish...more

Unpaid Internships may be more costly than you may think

What do fashion designer Norma Kamali, journalist Charlie Rose, Elite Model Management Corporation, and the Hearst Corporation have in common? All have been sued by former unpaid interns, claiming that their unpaid status...more

GUEST POST: Start-Ups And The Unpaid Internship – The Legal Balancing Act

As the summer arrives in full force, I am watching a lot of my start-up friends take advantage of the unpaid internship to help with some needed coding, design or marketing projects they haven’t gotten to. ...more

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