Unpaid Interns Internships

News & Analysis as of

Second Circuit Teaches Unpaid Interns a Lesson

In a closely watched case affecting the viability of unpaid internship programs at for-profit employers, the Second Circuit held that the “primary beneficiary” test should be used to decide whether interns should be deemed...more

“Black Swan” Internship Case Creates New Obstacles For Employers In California

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

New Prohibitions on Discrimination for Unpaid Interns

On June 19, 2015, the governor signed into law a series of protections for unpaid interns. The new law, Public Act No. 15-56, extends the prohibitions on discrimination and harassment from the Connecticut Fair Employment...more

Connecticut Extends Workplace Harassment and Discrimination Protections to Unpaid Interns

On June 22, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that extends workplace harassment, discrimination and retaliation protection to unpaid interns. Historically, it was unclear whether an...more

The Return of the Unpaid Labor Force: A Refresher on Unpaid Summer Interns

This time every year, employers across the country welcome student interns into their workforce in droves. Internships are mutually beneficial relationships: the intern receives real-world, practical experience and the...more

Are You Paying Your Summer Intern Correctly?

As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more

Arrival of Intern Season Means Prep Work For Employers is Key

With summer right around the corner, many high school and college students are preparing to begin unpaid internship programs at companies across the country. Such programs have long been considered a staple for U.S....more

As Intern Season Approaches, Remember That Unpaid Internships Can Be Risky

Right now, many organizations are getting ready for a new class of interns to arrive in May when schools and colleges finish for the summer. With fully laudable intentions, many organizations offer summer internships as a...more

Legal Protections and Remedies for New Jersey Interns Are on the Horizon

On January 15, 2015, the New Jersey Intern Protection Act was approved by the Assembly Labor Committee and has been sent to the full Assembly for a vote. If adopted, this bill (S539, A3529) would provide interns with the same...more

Ringing in the New Year: A Summary of New Employment Laws for 2015

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

Yes, Employers Can Still Have Unpaid Interns (Under the Right Circumstances)

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. I hope that our more recent...more

Using Unpaid Interns Can Land Your Company in Class Action Hot Water

A recent surge in lawsuits against well-known New York-based fashion retailers and media giants, such as Oscar de la Renta, LLC; Marc Jacobs International, LLC; Donna Karan International, Inc.; Calvin Klein, Inc.; Coach,...more

New Laws Affecting California Employers

The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide arbitration data on their websites, in a...more

Internships out of Fashion? Wage Lawsuits on the Rise in New York

Internships and training programs have been a staple of the fashion industry (among many other industries) for years. Luxury retailers have traditionally offered internships in the areas of communications, marketing,...more

Unpaid Internships Receive Poor Report Card from Ontario Ministry of Labour

Recently, the Ontario Ministry of Labour released the results of its recent internship inspection blitz, revealing that many internship programs violated the Employment Standards Act, 2000 (the “ESA”). In this blitz, the...more

Student and Alumni Litigation

In This Issue: - Unionization of Students ..The New Meaning of “Student Union” ..Overview of Labor Laws and Organized Labor ..Unionization of Graduate Students ..The Northwestern University Case ...more

California Legislative Update: September 2014

In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On...more

Student and Alumni Litigation  [Video]

Pepper-Freeh Group Higher Education Webinar Series Join attorneys from the Education Counseling, Litigation and Investigation Services of Pepper Hamilton LLP and Freeh Group International Solutions, LLC for a review of...more

Unpaid Interns Suing for Back Wages Part of Growing Trend

The question of whether employers should pay interns remains a difficult one. While in some fields it is traditional to hire college students and recent graduates as unpaid interns, this can become a costly mistake if a...more

New Laws Affecting California Employers: Anti-Harassment Protections for Unpaid Interns, Anti-Bullying Training for Managers, and...

California employers need to be aware of three important employment laws that were recently enacted. Effective immediately, California’s existing discrimination and harassment laws have been extended to unpaid interns....more

Court "Certifies" Gawker Media Interns' Collective Action

After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential...more

Governor Amends NYS Human Rights Law to Protect Unpaid Interns From Discriminatory Practices

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

Department of Labor Brief Provides More Guidance on Interns

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private...more

New York Amends Human Rights Law to Protect Unpaid Interns

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

Interns and employment issues

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

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