News & Analysis as of

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

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

Interns: Unpaid and Unprotected?

As we have previously mentioned, issues relating to unpaid interns continue to be a hot topic. In the wage law arena, disenchanted former interns have brought a string of well-publicized class action lawsuits against their...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

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

Intern Class Actions on the Rise

The rise in unpaid internships has led to an equally significant uptick in litigation brought by interns demanding compensation for performing the same work as paid employees. And the interns are winning....more

The Continuing Saga Of Unpaid Workers & Misclassification Issues

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

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

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...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

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

Oregon Passes Workplace Protection Law for Unpaid Interns

Oregon Governor John Kitzhaber on June 13, 2013 signed into law a bill extending employment discrimination protection to interns. The new law grants unpaid interns legal recourse under Oregon's employment discrimination laws...more

Black Swan interns are employees, not trainees

Summer brings an annual invasion, in thousands of businesses and in nearly every line of work, of a horde of talented, eager new interns. They’re eager to pad resumes and make contacts. Their new bosses are glad to impart...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

High Profile Decision Deals Blow to Unpaid Internship Programs

Many companies with unpaid internship programs have been closely watching a case filed by unpaid interns who worked on the film Black Swan, and this week, the outlook turned grim. The U.S. District Court for the Southern...more

The Southern District of New York Rules That Internships Must Be Educational (Unlike the Vince Vaughn and Owen Wilson Film of the...

It has been said that the vast majority of movies coming out of Hollywood these days are “brainless.” Despite that (often accurate) description, there are always a handful of films that manage to squeak into theaters and earn...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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