News & Analysis as of

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

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

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...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

The Fate Of Hollywood Internship Programs May Rest With The Second Circuit

Former interns used to get revenge against their employers by writing tell-all blog posts and memoirs. Now, they’re lending their names to plaintiffs’ lawyers, who then file wage-and-hour class or collective actions alleging...more

Zombies, Ghouls, and Unpaid Wage Claims: The Top 5 HR Horrors This Season

As the group that shepherds employees from the application stage through the end of the employment relationship, human resources (HR) departments administer programs and policies that could greatly impact a company if a...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

New York Federal District Court Declines to Extend Protections against Discrimination under the New York City Human Rights Law to...

I just finished reading a very interesting opinion in Wang v. Phoenix Satellite Television US, Inc., which Judge Castel issued late last week out of the Southern District of New York and which addresses the scope of the New...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

Unpaid Internships: Are They Legal? [Video]

July 22 (Bloomberg) -- How do you get a job without experience? How do you get experience without a job? The answer for many years, in competitive media industries like journalism, publishing, television production, and...more

Court Rules That Employer's Unpaid Interns Are Actually Employees Covered By Wage And Hour Laws; Certifies Class Action Filed On...

A federal District Court in New York recently ruled that production interns who worked on the set of the movie “Black Swan” are actually employees for minimum wage and overtime purposes, and certified a wage and hour class...more

Unpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify its Position on Class Certification in Light of...

As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and...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

SuperVision Today - 2nd Quarter 2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

To Pay or Not to Pay? The Test for the Unpaid Intern

As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Internships: Out of Fashion

A former unpaid intern, Dajia Davenport, recently filed a class action lawsuit against Elite Model Management. The lawsuit was filed in the Southern District Court of New York and seeks $50 million in connection with various...more

Payment Required: New York Court Finds No Violation Of New York Labor Law Section 193 Where Unpaid Interns Did Not Receive Wages...

In Wang, et al. v. The Hearst Corporation, 12 CV 793 (HB) (January 9, 2013), Judge Harold Baer of the United States District Court for the Southern District of New York granted the Hearst Corporation’s (“Hearst”) motion for...more

Employers Need To Be Careful When Classifying Individuals As Unpaid Interns

Students of all ages seek out desirable unpaid internships. An internship gives the individual valuable experience in a potential chosen field of employment and could possibly lead to a job offer. Recently, a movie production...more

10 Questions You May Be Asked At Your Next Social Gathering

'Tis the season of football games, holiday parties and family gatherings. Whether you are huddled around the TV or a fireplace, you just might find yourself stuck in a conversation or two with family members or friends who...more

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