News & Analysis as of

Unpaid Interns Wage and Hour

Hair Today, Gone Tomorrow: Seventh Circuit Rejects Claim That Cosmetology Trainees Were Employees

by Jackson Lewis P.C. on

Former cosmetology students are not employees entitled to pay under the FLSA and various state laws, the Seventh Circuit holds, rejecting the Department of Labor’s six-factor test but declining to adopt any bright-line test....more

The Law Governing Unpaid Interns, Part II: Rights Under Federal and State Nondiscrimination Laws

This is the second of two blogs covering the law governing unpaid interns and volunteers. Our first blog reviewed the basic criteria for determining whether a worker can properly be considered an unpaid intern or volunteer....more

It’s Almost Summer! Time to Review the Law Governing Interns, Part I

It’s that time of year again when employers who take on interns and volunteers for the summer are reminded that they must comply with federal and state wage and hour laws. There have been a few new developments in the law...more

How Today’s Employers Can Avoid The Heat With Their Unpaid Summer Internship Programs

by Cole Schotz on

Memorial Day weekend is upon us: the weather is getting warmer, colleges are out of session, and high schools are winding down towards final exams. More than just the start of Summer, this means Summer Intern season has...more

It’s Internship Time!

by SmithAmundsen LLC on

It’s that time of the year when college students will come knocking looking for a job or an internship. Depending on the nature of an organization’s business, an unpaid intern might be a great idea....more

Need to Know: Recent and Upcoming Changes to the UK’s Employment Law Landscape

by Seyfarth Shaw LLP on

New legislation due to come into force in April 2017 requiring employers to publish details of their average pay for men and women - New Gender Pay Gap Reporting obligations are expected to come into force in April 2017....more

Ivanka Trump Intern Controversy Offers Key Reminders for Businesses

by Carlton Fields on

A recent blog post by one of Ivanka Trump’s interns suggests the Presidential candidate’s daughter uses unpaid interns to help run her website, IvankaTrump.com. The intern offered tips on staying financially afloat while...more

In Final Exam, Court Rejects Hearst Interns’ Pay Claims

by Seyfarth Shaw LLP on

Unpaid interns for Hearst magazines have been rebuffed again in their effort to be declared eligible to receive wages under the FLSA and the New York Labor Law. In an August 24, 2016 ruling, Judge J. Paul Oetken of the...more

That’s a Wrap: Fox Reaches Deal with Unpaid Interns

by Seyfarth Shaw LLP on

Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used...more

Employment Law Roundup: Summary of Recent Changes Affecting New York Employers

by White & Case LLP on

Private employers in New York should be aware of a number of employment law changes over the past year that affect background checks (both credit and criminal history), anti-discrimination protections and reasonable...more

Summertime, and the Livin’ is…well, potentially complicated

by McAfee & Taft on

Ah…summertime. It’s finally here. The long days, the slower pace. Vacations, hotdogs and hamburgers on the grill, and the ever-present risk of legal exposure. Huh? That’s right, summertime also ushers in different types of...more

But Will You Work for Free? The Difficulty in Using Unpaid Interns

by Varnum LLP on

The sun is starting to peak from behind gray clouds, and we all know what that means: summer is almost upon us! School is out, time for beach trips, barbeques, fireworks…and unpaid internships. With droves of undergraduate...more

Gawker FLSA Ruling Leaves Interns Gawking

by Baker Donelson on

Where's the line between an intern and an employee? If you think that's an easy question, consider this: the Fair Labor Standards Act (FLSA) defines "employ" broadly as to "suffer or permit to work." So, who's to say that...more

New York District Court Grants Summary Judgment for Employer in Gawker Intern Case

by BakerHostetler on

Litigation Over Interns Dries Up Internship Opportunities - The natural and probable consequence of litigation over unpaid internships was that such opportunities would disappear because the risk of litigation for even...more

Closure For Second Circuit Intern Case, But Risks Persist Nationally

by 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

Second Circuit Amends its Unpaid Intern Classification decision; Refines the Primary Beneficiary Analysis

Last summer the Second Circuit issued an important decision that identified the proper test for determining whether an employer properly classified an individual as an unpaid intern. The decision was a victory for employers...more

2nd Circuit Amends Unpaid-Internship Opinion

by Fisher Phillips on

Readers will recall that, last July, the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) adopted a "primary benefit" framework for determining whether a for-profit entity's...more

Second Circuit Leaves Interns in the Cold—Again

by 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

New York Employers – Looking Backward and Forward.

by Kelley Drye & Warren LLP on

Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come....more

Unpaid Internships: Stocking Stuffer for Employers, or a Proverbial Fruitcake?

by Seyfarth Shaw LLP on

It’s been said the best things in life are free. In California, where running a business is very expensive, an unpaid internship program might seem a perfect gift. Employers of all sizes and in virtually all industries use...more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Eleventh Circuit adopts and clarifies "primary beneficiary" test for unpaid interns under the FLSA

by Dentons on

On September 11, 2015, the US Court of Appeals for the Eleventh Circuit handed down a landmark decision clarifying the circumstances under which unpaid interns are entitled to receive compensation under the Fair Labor...more

Is the Six-Factor Test Still Good? Eleventh Circuit Endorses Modified Intern Test

A recent decision by the Eleventh Circuit Court of Appeals appears to reject the U.S. Department of Labor’s oft-recited six-factor test, which is used to determine whether interns are actually functioning as employees. In...more

Eleventh Circuit Joins Second Circuit in Holding the Unpaid Intern FLSA Classification Analysis Depends on the “Primary...

The Eleventh Circuit recently joined the Second Circuit in adopting the employer-friendly “primary beneficiary” test to determine whether unpaid interns are properly classified as employees under the FLSA. The Second...more

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