News & Analysis as of

Students Wage and Hour Fair Labor Standards Act (FLSA)

Tucker Arensberg, P.C.

What Employers Need to Know Before Offering an Unpaid Internship

Tucker Arensberg, P.C. on

With summer approaching, some employers may be looking to bring in interns during their break from school. Internships are great as they provide students with real-world training and experience, which supplements the learning...more

Bricker Graydon LLP

Do I Need to Pay My Student Intern?

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With the start of this new semester, we have received several questions regarding whether student interns need to be paid. As everyone knows, state and federal law requires employers to pay employees for their work. ...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

Venable LLP on

We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

Bodman

Workplace Law Lowdown | The Sixth Circuit Clarifies the FLSA Test for Educational Programs

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In Eberline, cosmetology students of the Douglas J Institute were afforded “a true salon setting” in which to undergo their training, including the opportunity to provide supervised cosmetology services individually and in...more

Jaburg Wilk

Considering Hiring a College Student as an Unpaid Intern this Summer?

Jaburg Wilk on

It is getting closer to summer and that means students are looking for work experience. Many companies offer unpaid internships. While both the student and employer may see benefits to this arrangement – the employer doesn’t...more

Fisher Phillips

Web Exclusive - September 2019: The Top 11 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 have been an unprecedented number of changes for the past few years—and this past month...more

Stoel Rives - World of Employment

Are Employers Required to Pay Interns?

Spring is in the air and summer is around the corner. You can see the signs everywhere. Flowers. Chirping birds. Increasing temperatures. And summer intern resumes. Experienced HR professionals know they will soon receive...more

Bond Schoeneck & King PLLC

Second Circuit Court of Appeals Holds That Cosmetology Students at a For-Profit Cosmetology Training School Were Not Employees...

On February 5, 2019, the Second Circuit Court of Appeals held that students at a for-profit cosmetology school who provided cosmetology services to the general public at the school's salon as part of the requirements to...more

BakerHostetler

Another Court Rejects Class Claims Contending That Vocational Students Are Really Employees

BakerHostetler on

In yet another challenge regarding the employment status of students and interns as employees, the Second Circuit has concluded quite rightfully that vocational students – even those at for-profit institutions – are still...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate.  Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage...more

Fisher Phillips

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

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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

Fox Rothschild LLP

Ninth Circuit Finds Beauty School Students Were Not Employees

Fox Rothschild LLP on

There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about these kinds of cases and have...more

Payne & Fears

Ninth Circuit Adopts Primary Beneficiary Test to Determine Whether Vocational Students Are “Employees” Under the Fair Labor...

Payne & Fears on

In a case of first impression in the Ninth Circuit, Benjamin v. B&H Education, No. 15-17147 (9th Cir. December 19, 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether...more

Jackson Lewis P.C.

It’s Cut And Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology And Hair Design Students Were...

Jackson Lewis P.C. on

Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held. Benjamin v. B&H...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Hinshaw & Culbertson LLP

Student Interns: To Pay or Not to Pay?

With the school year just underway, thousands of students are heading off campus to begin student internships. (Hollywood is paying attention too.) Of those interns, many go unpaid. In recent years, the number of students...more

Tucker Arensberg, P.C.

Guidance on Using Unpaid Interns

Tucker Arensberg, P.C. on

With school about to start, students looking for internships will not be far behind. If your company has an internship program, you need to be award of the regulations governing the same....more

Bond Schoeneck & King PLLC

Second Circuit Decisions in Glatt and Wang Likely Preserve Essential Internship Opportunities

On July 2, 2015, in Glatt v. Fox Searchlight Pictures and Wang v. The Hearst Corporation, the Second Circuit Court of Appeals addressed when unpaid interns are “employees” entitled to compensation under the Fair Labor...more

Cooley LLP

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

Cooley LLP on

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

Hinshaw & Culbertson LLP

Employment Status of Cosmetology Students Is Not So Cut and Dry

The issue of whether "interns" are employees entitled to wages has been at the forefront of employment litigation over the past couple of years. Similar to interns, cosmetology students are now filing suits against their...more

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