News & Analysis as of

Fair Labor Standards Act

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.  less -

Are Arizona Employees Entitled to a Paid Lunch Break?

by Jaburg Wilk on

Many employees believe that they are entitled to a lunch break. However, the answer – and in some cases the law - differs by state. In Arizona, employees are not entitled to a lunch break or even a ten-minute break because...more

U.S. DOL Follows Circuit Courts, Adopting “Primary Beneficiary” Test to Determine Whether Unpaid Interns Are Employees

by Epstein Becker & Green on

In a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience, the United States Department of Labor (“DOL”) recently issued Field Assistance Bulletin...more

Is Your Intern Really An Intern Or An Employee – DOL Adopts The “Primary Beneficiary Test”

by Cole Schotz on

As the winter months bear down on us, many of us find our thoughts wistfully drifting to sun, sand, and all things summer. Summer months, however, also bring (for most employers) summer interns and one of the more befuddling...more

4 Key Trends In Workplace Class Action Litigation For 2017: #2 Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As our 2018 Workplace Class Action Report describes, 2017 was quite an interesting year for employers in terms of class certification rulings. Though courts issued many favorable class certification...more

California Employment Law Notes - January 2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Paving the Way for Unpaid Interns: Trump Administration Relaxes the Standards

by Bryan Cave on

Internships are often a great way for students and young people to get their foot in the door and land their first job. But employers must ask themselves: is your unpaid intern actually an intern, or is the “intern” really an...more

U.S. Department Of Labor Endorses More Flexible Unpaid Intern Test

by Pepper Hamilton LLP on

Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more

Labor Department Adopts ‘Primary Beneficiary’ Test For Determining Employee Status Of Interns, Students

by Jackson Lewis P.C. on

The Department of Labor has decided to align its analysis under the Fair Labor Standards Act (FLSA) of the intern-vs.-employee determination with that of the majority of federal appellate courts to have addressed the issue,...more

DOL Says Hello to Primary Beneficiary Intern Test, Goodbye to 6-Factor Test

by Hinshaw & Culbertson LLP on

Earlier this month, the U.S. Department of Labor announced it will now use the primary beneficiary test” to determine whether an intern must be paid. Its announcement comes in the wake of the 9th Circuit’s adoption of the...more

Weekly Update Newsletter - January 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Pentagon Task Force’s $675 Million in Contracts to Rebuild Afghanistan Found Wasteful - According to an article from Government Executive, the Defense Department’s now-defunct business task force...more

Department of Labor Adopts More Employer-Friendly Standard for Unpaid Internships

The Fair Labor Standards Act (“FLSA”) mandates the payment of minimum wage and overtime to employees in most US workplaces. However, when it comes to unpaid educational internships, the FLSA does not include a helpful...more

NJLAD Amendment to Protect Nursing Mothers in the Workplace

by Genova Burns LLC on

Since 2010, the Fair Labor Standards Act (“FLSA”) requires employers to provide reasonable break times for nursing mothers to express breast milk. These break times must be provided for up to 1 year after the birth of the...more

4 Key Trends In Workplace Class Action Litigation For 2017: #1 Class Action Settlements

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The monetary value of the top workplace class action settlements skyrocketed in 2017. Though all-time highs in this category were reached in each of the past three years, this year’s Report found that...more

DOL Reissues 17 Previously Withdrawn Opinion Letters

by Burr & Forman on

On January 5, 2018, the Department of Labor (“DOL”) Wage and Hour Division re-issued 17 previously withdrawn DOL Opinion Letters addressing over a dozen topics under the Fair Labor Standards Act (“FLSA”). The DOL originally...more

U.S. Department of Labor Adopts New Test to Determine if Interns Are Really Employees

As summer approaches, many employers are considering “hiring” summer interns, as well as what to pay them, if anything. Some employers will consider engaging the services of unpaid interns, sometimes at the request of eager...more

Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration

by Dickinson Wright on

In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is...more

New Intern Test Announced By USDOL: Definitive Guidance?

by Fox Rothschild LLP on

I have blogged many times about the rash of intern cases that have popped up over the last few years. Now maybe there will be a consistent, uniform test for determining whether interns are really statutory “employees.” The US...more

Department of Labor Changes Rules on Unpaid Internships

The U.S. Department of Labor has endorsed a seven-factor test for determining whether an intern is considered an employee under the Fair Labor Standards Act. The U.S. Department of Labor (DOL) has announced it has...more

U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act

In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more

DOL Adopts “Primary Beneficiary” Test for Unpaid Internships

by McGuireWoods LLP on

Following another appellate court’s rejection of its six-part test to determine whether an intern is an employee for purposes of the Fair Labor Standards Act, the Department of Labor (DOL) on January 5 announced that it would...more

Confused About Paying Interns? The Rules Just Changed Again

by Pillsbury - CommLawCenter on

Back in 2015, I wrote a post on CommLawCenter discussing the prevalence of interns in the communications industry, and the Department of Labor’s crackdown on businesses illegally failing to pay their interns. That crackdown...more

Seyfarth’s 2018 Workplace Class Action Litigation Report Is Now Available!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At 878 pages, Seyfarth’s 14th Annual Workplace Class Action Litigation Report analyzes 1,408 rulings and is our biggest and most voluminous Report ever. Please see full Publication below for more...more

Department of Labor Announces Stricter “Primary Beneficiary” Test for Interns

by Husch Blackwell LLP on

As is par for the course with the start of a new presidential administration, many changes to employment laws are anticipated, with several already underway. The most recent of which is the test used to determine whether...more

Are Unpaid Interns Employees Under The FLSA?

On January 5, 2018, the United States Department of Labor announced that, going forward, it would utilize the “primary beneficiary” test for determining whether interns are employees under the FLSA, consistent with recent...more

New Jersey Adds Protections For Employees Who Breastfeed

by Fox Rothschild LLP on

New Jersey has expanded the protections afforded under the New Jersey Law Against Discrimination to require accommodations for women who breastfeed. On Jan. 8, Gov. Chris Christie signed an amendment to the LAD that prohibits...more

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