Minimum Wage, Primary Beneficiary Test

Navigating the Summer Internship Wave: What Employers Need to Know

Gould + Ratner LLP on 6/5/2025

With summer officially here, students across the country are beginning internships, eager to gain experience and make their mark. While this seasonal influx offers valuable recruitment opportunities, it is important to stay...more

Internship Laws In Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws

Venable LLP on 9/9/2022

As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Overview of Internships - ...more

Eleventh Circuit Rules Forensic Photography Intern is Not Entitled to FLSA Wages

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/21/2022

On June 9, 2022, a divided panel of the United States Court of Appeals for the Eleventh Circuit decided an unpaid intern who participated in a forensic photography training program was not entitled to wages under the Fair...more

Wage And Hour Developments 2018: A Year In Review

Jackson Lewis P.C. on 1/28/2019

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

Tenth Circuit Finds Massage Therapy Students to Be Just That – Students

BakerHostetler on 11/16/2018

Once thought to be the next wave of wage-and-hour cases, suits involving interns and students have tended to founder because most training programs are intended to train rather than to provide employment....more

Labor Department’s New Approach Is A Game Changer For Student Internships

Fisher Phillips on 3/8/2018

The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more

Unpaid Internships: Federal Law Evolving, Garden State Unchanged

Clark Hill PLC on 2/8/2018

In January, the Department of Labor announced that it would use a new method to determine whether interns or students working for non-profit organizations should be paid under the Fair Labor Standards Act. The DOL’s new...more

DOL Throws in Towel on Standard for Unpaid Internships

Parker Poe Adams & Bernstein LLP on 1/29/2018

Last month, the Ninth Circuit Court of Appeals became the fourth appellate circuit to reject the Department of Labor’s six-part test for determining whether internships at for-profit companies must be paid. The DOL test...more

Intern or Employee? DOL Adopts Courts’ “Primary Beneficiary” Analysis for Determining When Your Unpaid Intern Will Be Deemed an...

PilieroMazza PLLC on 1/11/2018

The use of unpaid interns is a common practice across many industries, especially in the D.C. Metro area. And the question recently addressed by the Ninth Circuit is not a new one: under what set of circumstances does an...more

US Department of Labor Issues Updated Guidelines for Internship Programs Under the Fair Labor Standards Act

Kilpatrick on 1/11/2018

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under...more

Are Interns Actually Employees? DOL Adopts New Guidance for Assessing Whether Interns Qualify as Employees

Orrick - Employment Law and Litigation on 1/11/2018

As part of its revision of Obama-era policies, the U.S. Department of Labor (“DOL”) recently announced a new test for assessing whether interns qualify as employees under the Federal Labor Standards Act (“FLSA”). The agency’s...more

“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases

Bradley Arant Boult Cummings LLP on 1/10/2018

Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the Department of Labor announced that its Wage and Hour Division will now use the...more

Another Court Adopts "Primary Beneficiary" Internship Analysis

Fisher Phillips on 9/24/2015

We reported in July that the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) laid out seven non-exhaustive factors as part of a "primary beneficiary" analysis for evaluating...more

Another Blow to DOL Position on Internships

Seyfarth Shaw LLP on 9/17/2015

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

Fenwick Employment Brief - July 2015

Fenwick & West LLP on 7/28/2015

New Amendments Clarify California Paid Sick Leave - This month, the California Legislature enacted AB 304, an urgency measure that became effective on July 13 and provides much needed clarity on various aspects of...more

Alert: Hiring Unpaid Interns: Federal Court Changes (Some of) the Rules

Cooley LLP on 7/17/2015

On July 2, 2015, a federal appeals court upended the test companies and courts have relied upon for nearly seventy years to determine whether or not an intern must be paid. Instead, in Glatt v. Fox the Second Circuit Court of...more

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