News & Analysis as of

New York Votes to Protect Unpaid Interns from Discrimination

On March 26, 2014, the New York City Counsel voted unanimously to amend the New York City Human Rights Law (the “NYCHRL”) to allow unpaid interns to sue for harassment and discrimination. The bill was likely drafted in...more

Beware The Unpaid Intern – He/She May Be Eligible For Pay

The issue of unpaid internships is becoming a growing concern for both employers and Ministry of Labour Inspectors. Recently, the publisher of magazines Toronto Life and The Walrus announced that they were pulling the plug on...more

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

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May. Such programs, though, have become a source of...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

Intern Class Actions on the Rise

The rise in unpaid internships has led to an equally significant uptick in litigation brought by interns demanding compensation for performing the same work as paid employees. And the interns are winning....more

Court Rules That Employer's Unpaid Interns Are Actually Employees Covered By Wage And Hour Laws; Certifies Class Action Filed On...

A federal District Court in New York recently ruled that production interns who worked on the set of the movie “Black Swan” are actually employees for minimum wage and overtime purposes, and certified a wage and hour class...more

Unpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify its Position on Class Certification in Light of...

As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and...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

Volunteers And Interns Not “Employees” For Purposes Of Minimum Thresholds Under Title VII And The ADA

Pastor v. Partnership for Children’s Rights, 10-cv-5167 (E.D.N.Y. Sept. 27, 2012): In this discrimination case, the Partnership for Children’s Rights sought to dismiss the complaint on the grounds that it was not an...more

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