News & Analysis as of

Top 5 Legal Trends For Hospitality Employers

There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014....more

Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...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

More Rulings Coming on Legality of Intern Programs

In recent years, a wave of lawsuits brought by unpaid interns seeking compensation for their work has spurred businesses to take a hard look at their internship programs to ensure they are compliant with federal and state...more

Employment Flash - November 2013

In This Issue: - OFCCP Releases VEVRAA and Rehabilitation Act Section 503 Final Rules - US Supreme Court to Decide Whether Severance Payments Are Subject to FICA - SDNY Rules That NYC Human Rights Law Does Not...more

Unpaid Internships – Worth the Risk?

Over the past few years, the number of college undergraduates and recent graduates engaging in unpaid internships has grown dramatically. One expert estimates that there are between 1 and 2 million internships each year, and...more

NH Business Review: Internships - Risks and Rewards

Interns across the country have filed class-action suits against employers such as Fox Entertainment Group and Hearst Corp. The plaintiffs claim they were incorrectly classified as interns when they should have been...more

New York City Council Expands Protection Against Pregnancy Discrimination

On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more

8 Tips To Help Health Care Providers Minimize Possible Wage Liability For Student Interns

As good corporate citizens, medical facilities help educate the next generation of health care workers by permitting students hands-on training through clinicals or rotations. Nevertheless, some students claim this training...more

Group Advocates Pay For White House Interns

The unpaid-interns ruckus continues to unfold, this time in a way that entangles President Obama. As we observed in March 2012, an unpaid White House intern might conclude that he or she is "engaged in the operations...more

The Continuing Saga Of Unpaid Workers & Misclassification Issues

Worker misclassification continues to be an issue at the forefront of today's workplace....more

Labor Letter, August 2013: "Black Swan" Ruling Forces Closer Look At Unpaid Interns

Unpaid summer internships are routine for some businesses, especially those in creative fields such advertising, design, music, publishing and film – all areas that have flourished locally in recent years....more

Free Interns-The End Of An Era?

As an employer, at one time or another, you have probably helped eager students gain real work experience as interns at your company. ...more

A Tale of Two Interns: The Challenges of Unpaid Internships

As the number of unpaid interns at healthcare facilities continues to grow, two recent decisions issued by the U.S. District Court for the Southern District of New York involving claims brought by putative classes of unpaid...more

Southern District Continues Trend To Find Internship Programs Run Afoul Of Wage And Hour Laws

Glatt v. Fox Searchlight Pictures Inc., No. 11-CV-6784 (S.D.N.Y. June 11, 2013): In a further reminder about the risks of using unpaid interns, District Judge William Pauley III ruled that Fox Searchlight Pictures Inc....more

The Test for Unpaid Interns

The United States District Court for the Southern District of New York recently ruled that Fox Searchlight Pictures violated federal and New York minimum-wage laws by not paying interns who worked on production of the 2010...more

Hidden costs of interns

Summertime at the workplace is usually marked by the arrival of eager students willing to work for free in exchange for valuable hands-on work experience and maybe future job references. The offer is enticing, but employers...more

The High Cost of Hiring Unpaid Interns

Given the difficulty of finding a job in today’s economy, unpaid internships are becoming increasingly popular, particularly for students looking to gain resume-boosting experience....more

Employers Beware: Unpaid Internships May Result in Labor Law Violations

In the throes of summer internship season, the Honorable William H. Pauley, III, of the United States District Court for the Southern District of New York, issued a recent opinion that will leave many employers revisiting...more

Unpaid Internships May Cost Your Business Dearly In The Long Run

Summer has finally arrived. While many of us will soon become consumed with pool parties, backyard barbeques, and well-deserved vacations, a new crop of summer interns is just beginning their first endeavor in the working...more

Legal Alert: Hire Unpaid Interns at Your Peril

While Vince Vaughn and Owen Wilson have recently brought some attention to the internship position by comically portraying the life of Google interns in the movie The Internship, the U.S. District Court for the Southern...more

The Current Landscape in FLSA Unpaid Intern Litigation - Law Firms Ready to Pounce

Every summer, unpaid interns arrive at various businesses throughout the country to learn a little bit about the real world before going back to school or diving into the job market. But this summer, it is one federal court...more

Fenwick Employment Brief - June 2013: Alert: “Unpaid Interns” Held to be Employees Who Should Have Been Paid

As this FEB went to publication, a federal district court in New York issued an important — and very instructive — decision on the compensation of unpaid interns at for-profit companies. In Glatt v. Fox Searchlight Pictures,...more

Work for Free and Maybe Meet a Celebrity? Probably Not a Lawful Internship!

Unfortunately, it may be too late for some employers that have already begun their summer internship programs, but for-profit, private sector employers should be aware that they face a steep barrier when trying to establish...more

Unpaid Film Production Interns Entitled to Minimum Wage, Judge Rules

In a decision likely to affect long-held practices in the entertainment industry and beyond, a federal judge in New York ruled that Fox Searchlight Pictures violated federal and state minimum wage laws by not paying two...more

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