News & Analysis as of

Unpaid Interns Fox Searchlight Pictures Primary Beneficiary Test

Jackson Lewis P.C.

Labor Department Adopts ‘Primary Beneficiary’ Test For Determining Employee Status Of Interns, Students

Jackson Lewis P.C. on

The Department of Labor has decided to align its analysis under the Fair Labor Standards Act (FLSA) of the intern-vs.-employee determination with that of the majority of federal appellate courts to have addressed the issue,...more

Conn Maciel Carey LLP

U.S. Department of Labor Changes Position on Internships Under the FLSA

Conn Maciel Carey LLP on

Although summer seems far away, now is the time when most employers begin to prepare for their summer internship programs. Internships are a great way to give college students or new professionals some hands-on experience in...more

Ballard Spahr LLP

Labor Department Hits the Brakes on Class Actions by Interns

Ballard Spahr LLP on

In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more

Benesch

The DOL Abandons Rigid Six-Factor Intern Test and Adopts Court-Favored Approach

Benesch on

On January 5, 2018, the Department of Labor (“DOL”) adopted a more lenient standard for assessing whether interns qualify as employees under the Fair Labor Standards Act (“FLSA”). Previously, in 2010, the DOL promulgated...more

Jackson Lewis P.C.

It’s Cut And Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology And Hair Design Students Were...

Jackson Lewis P.C. on

Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held. Benjamin v. B&H...more

Seyfarth Shaw LLP

Closure For Second Circuit Intern Case, But Risks Persist Nationally

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

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

Bond Schoeneck & King PLLC

Second Circuit Decisions in Glatt and Wang Likely Preserve Essential Internship Opportunities

On July 2, 2015, in Glatt v. Fox Searchlight Pictures and Wang v. The Hearst Corporation, the Second Circuit Court of Appeals addressed when unpaid interns are “employees” entitled to compensation under the Fair Labor...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

Cooley LLP

Alert: Hiring Unpaid Interns: Federal Court Changes (Some of) the Rules

Cooley LLP on

On July 2, 2015, a federal appeals court upended the test companies and courts have relied upon for nearly seventy years to determine whether or not an intern must be paid. Instead, in Glatt v. Fox the Second Circuit Court of...more

Patterson Belknap Webb & Tyler LLP

Unpaid Internships Revived?: Second Circuit Gives the Green Light to Unpaid Internships So Long as the Intern “Benefits”

On July 2, 2015, the United States Court of Appeals for the Second Circuit issued its highly anticipated decision concerning unpaid internships, Glatt v. Fox Searchlight Pictures, Inc., No. 134478-cv (2d Cir. July 2, 2015)....more

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