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Foley & Lardner LLP

NLRB Finds that Advocacy of Non-Employees is Protected Under the National Labor Relations Act

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As we have observed several times this year, the National Labor Relations Board (NLRB or the “Board”), under the majority appointed by President Biden, has taken a number of actions to widely expand workers’ rights under...more

Littler

DoD Reopens Unpaid Military Internship Program to New Employers

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Every year around 200,000 service members leave active duty to re-enter the civilian work force or pursue higher education. The SkillBridge internship program grants military members the opportunity to gain valuable civilian...more

Jackson Lewis P.C.

Forensic Photographer Trainee Takes Shot at Employee Status, But It Doesn’t Develop, 11th Circuit Rules

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A forensic photographer who enrolled in a county training program was an intern and not an employee, a three-judge panel of the Eleventh Circuit Court of Appeals has held in a divided opinion. As a result, her minimum wage...more

Bradley Arant Boult Cummings LLP

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more

The Volkov Law Group

Barclays Agrees to Pay the SEC $6.3 Million to Settle FCPA Offenses for Hiring of Relatives of Foreign Officials in Asia

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Barclays joined the club of global financial institutions settling FCPA violations for hiring of relatives of foreign officials in Asia.  Barclays agreed to disgorge $3.8 million and paid prejudgment interest of nearly $1...more

Jackson Lewis P.C.

Second Circuit Shears Cosmetology Student’s Claims In Intern-Or-Employee Case

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Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s...more

Jackson Lewis P.C.

Wage And Hour Developments 2018: A Year In Review

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The law regulating the payment of wages and work hours is a vibrant area: the “fight for $15.00”; battles over who can receive tips (and whether the tip credit should be eliminated entirely); whether workers should be given...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Seyfarth Shaw LLP

DOL Bids Adieu to Six-Factor Internship Test

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Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more

Ballard Spahr LLP

N.Y. Decision May Hinder Early Class Action Settlements

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The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Court of Appeals Rules That Hearst Interns Are Not Employees

In a decision issued earlier this month, the Second Circuit Court of Appeals ruled that participants in unpaid internship programs offered by the Hearst Corporation could not be classified as “employees” of Hearst and...more

BakerHostetler

Second Circuit Affirms Summary Judgment in Putative Internship Class

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Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers reduced or eliminated internships, the flood of anticipated litigation never...more

Jackson Lewis P.C.

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

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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

Littler

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

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In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Legislative Update—What’s in the Works for New Jersey Employers

Since the beginning of 2016, the New Jersey Legislature has been busy introducing bills that would impose new requirements on New Jersey employers and employees....more

Mintz - Employment, Labor & Benefits...

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

Fisher Phillips

2nd Circuit Amends Unpaid-Internship Opinion

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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

Seyfarth Shaw LLP

Second Circuit Leaves Interns in the Cold—Again

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Seyfarth Shaw LLP

Another Blow to DOL Position on Internships

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Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more

Thomas Fox - Compliance Evangelist

BNY Mellon and Lessons Learned In Hiring Family Members – Part II

In yesterday’s post I reviewed the Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA) enforcement action involving the Bank of New York Mellon Corporation (BNY Mellon) around its hiring of sons and...more

Cozen O'Connor

Yelp Reviewers Are Not “Employees”

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In a world where the lines between employees and volunteers/interns are becoming increasingly blurred, it is nice to see at least one court easily dispense with a wage and hour lawsuit. On August 13, 2015, a federal judge...more

Seyfarth Shaw LLP

Second Circuit Teaches Unpaid Interns a Lesson

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In a closely watched case affecting the viability of unpaid internship programs at for-profit employers, the Second Circuit held that the “primary beneficiary” test should be used to decide whether interns should be deemed...more

Spilman Thomas & Battle, PLLC

The Return of the Unpaid Labor Force: A Refresher on Unpaid Summer Interns

This time every year, employers across the country welcome student interns into their workforce in droves. Internships are mutually beneficial relationships: the intern receives real-world, practical experience and the...more

Baker Donelson

The Inside Scoop: Top 10 Employer Mistakes According to the Solicitor of Labor

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Meeting in our nation's capital and having a strong public policy group have some definite perks, such as getting the inside scoop on employment law trends directly from the Department of Labor's Solicitor. During a recent...more

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