News & Analysis as of

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

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

Do We Have to Pay Summer Interns?

With summer approaching, many employers are receiving requests from college and high school students to work as summer interns. Many of these applicants are willing to work for free to gain valuable experience and frequently...more

Unpaid Internships in Ontario – Are They a Thing of the Past?

On March 28, 2014, two popular Canadian-based magazines, The Walrus and Toronto Life, brought their unpaid internship programs abruptly to an end after Ontario’s Ministry of Labour concluded that such programs were being run...more

Legislation Unanimously Passed by City Council Seeks to Protect NYC Interns From Discrimination

On March 26, 2014, the New York City Council unanimously passed a bill to expand the New York City Human Rights law to prohibit employment discrimination against interns. The legislation will likely be enacted into law, as it...more

New York City Council Votes to Extend New York City Human Rights Law’s Protections Against Discrimination to Interns

On Wednesday, the New York City Council voted 50-0 to extend the New York City Human Rights Law’s protections to interns. Last October, we reported on a Federal court decision dismissing an unpaid intern’s hostile work...more

Polsinelli Podcast - To Pay or Not to Pay? The Rules for Summer Interns in 2014 [Video]

As summer approaches, many businesses are receiving applications and requests from students for internships. In fact, many businesses have internship programs that not only offer students opportunities to increase their...more

Campus "Unpaid Intern" Opposition Growing

We have already reported that a group calling itself the "Fair Pay Campaign" aims to pressure colleges and universities not to facilitate unpaid internships or even post notices about them. This initiative appears to be...more

Don't Get The Summertime Blues: Properly Classifying Interns

As summer approaches, many businesses are receiving applications and requests from students for internships. In fact, many businesses have internship programs that not only offer students opportunities to increase their...more

Unpaid Interns: Pay Them Now or Pay Them Later

In an old commercial, a mechanic hands a large bill to a customer for repairs to an engine damaged because the customer had not replaced a $4 oil filter. As the commercial ends, the mechanic looks directly at the camera and...more

School-Facilitated Internships: No Worries, Right?

We have long warned that one should not simply assume that an internship associated with or sponsored by an educational institution falls outside of the federal Fair Labor Standards Act's requirements. Our caution includes...more

Unpaid And Underpaid Internships May Cost Employers

Over the past year, unpaid internships have garnered increasing attention. Ross Perlin, the author of “Intern Nation,” estimated in 2011 that more than a million people participate in internships each year in the United...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

Bill Introduced To Extend New Jersey Employment Discrimination Protections To Unpaid Interns

On December 5, 2013, the Senate introduced a bill (S3064) seeking to extend legal protections and remedies to unpaid interns by amending three state statutes: the Law Against Discrimination, the Conscientious Employee...more

Intern Lawsuits (Continued): Another Big Settlement

As was anticipated in light of the intensified focus upon internships over three years ago, the next stage was a spate of high-profile lawsuits by unpaid or allegedly-underpaid interns under the federal Fair Labor Standards...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 Beginnings of a New Trend? New Jersey Proposes to Protect Unpaid Interns From Employment Discrimination

On December 5, 2013, the New Jersey State Senate introduced S-3064 to protect unpaid interns from employment discrimination by amending the Law Against Discrimination ("LAD"), the Conscientious Employee Protection Act...more

Southern District Rules: Unpaid Interns Are Not Eligible To Assert NY Sexual Harassment Protections

In October of 2013, the Southern District of New York dismissed an intern’s claim for sexual harassment brought under New York State Human Rights Law and New York City Human Rights Law on the grounds that the state law...more

Proposed Law Would Amend New Jersey Employment Discrimination And Whistleblower Laws To Protect Interns

Legislation proposed by a member of the New Jersey Senate would amend the Law Against Discrimination, Conscientious Employee Protection Act, and Worker Freedom from Employer Intimidation Act to extend legal protections and...more

Proposed New York Law Would Extend State Anti-Discrimination Protections to Unpaid Interns

A new bill introduced in the New York State Senate would extend many of the protections of the New York State Human Rights Law (NYSHRL) to unpaid interns. Among other things, the bill would make it illegal for employers to...more

New York City And State Human Rights Laws Do Not Apply To Unpaid Interns

Wang v. Phoenix Satellite Television US, Inc., No. 13-CV-218(PKC) (S.D.N.Y. Oct. 3, 2013) (Castel, J.): As we recently covered in our firm blog, Judge P. Kevin Castel in the Southern District of New York recently dismissed an...more

Unpaid Interns Not Entitled To Protection From Sexual Harassment Under New York City Law

A federal judge in the Southern District of New York ruled earlier this month that a former intern was not entitled to pursue her claim for sexual harassment under the New York City Human Rights Law (the “NYCHRL”) because she...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

Internships Might Be Vanishing

We have observed for some time now that the spate of wage-hour lawsuits might be expected drastically to curtail the availability of internships of both the unpaid and paid varieties. Employment Law 360 reports that...more

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