Polsinelli Podcast - To Pay or Not to Pay? The Rules for Summer Interns in 2014
Unpaid Internships: Are They Legal?
On July 22, 2014, New York State Governor Andrew Cuomo signed a bill amending the New York Human Rights Law to grant unpaid interns protections from "discriminatory practices." The amendment is effective immediately and it...more
On July 22, 2014, Governor Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c entitled, “Unlawful discriminatory practices relating to interns.” The amendment prohibits employers from...more
1. Are interns employees?
This is an important question with a big impact on the individual concerned and what remuneration and rights they are entitled to. And the answer is…it depends. The main determining factor is...more
We wrote some time ago about a lower federal court's determination in Glatt v. Fox Searchlight Pictures that at least two unpaid interns were "employees" for federal Fair Labor Standards Act purposes.
There has been a great deal of coverage involving litigation by interns against various media and entertainment companies in New York. We won’t recount the many articles, blogs, and discussions about this issue. If you need a...more
Effective June 14, 2014, the New York City Human Rights Law will extend its nondiscrimination protections to unpaid interns. An intern is defined as “an individual who performs work for an employer on a temporary basis whose...more
Shifting Regulations Expand Rights for Unpaid Workers -
Unpaid internships have historically been a rite of passage for college students and young professionals. In the past, unpaid interns had little legal protection...more
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
Unpaid internships traditionally allow inexperienced students to gain hands-on knowledge in their field. In turn, employers use internship programs to find and test-drive new talent, increase productivity, support students...more
Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace -
In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more
Continued sluggishness in some sectors of our economy has left many students and recent college graduates without jobs and willing to consider working as unpaid “interns” in order to gain experience and connections in...more
On April 15, 2014, New York City Mayor Bill De Blasio signed into law an amendment to the New York City Human Rights Law (“NYCHRL”) extending the protections from discrimination and harassment contained in the NYCHRL to both...more
Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused...more
As reported by us in recent blog articles (Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns and The High Cost of Hiring Unpaid Interns), employment issues...more
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
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
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
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
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
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
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
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
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
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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