News & Analysis as of

Unpaid Interns

Who Can Make a Workers’ Compensation Claim

by Howard Ankin on

In Illinois, injured workers are generally entitled to workers’ compensation benefits when they suffer a work-related accident or are harmed by a hazard while performing the duties of their job or acting on behalf of their...more

Dear Littler: Do We Have to Pay Our Summer Interns?

by Littler on

Dear Littler: I work in the corporate office of a national retailer. We plan to hire several local student interns to work for us this summer, primarily in accounting and marketing. We enjoy sponsoring this program, and it...more

School’s out for the summer – Unpaid Internships, New Criteria for Employers

by Womble Bond Dickinson on

Unpaid internships are controversial. Proponents argue that they provide valuable opportunities for students to learn about an industry and for companies to scout up-and-coming talent, while critics contend the practice is an...more

DOL Adopts the “Primary Beneficiary” Test for Internship Programs

by Burr & Forman on

As summer months approach and students begin searching for seasonal employment, many employers are faced with the logistics of internship programs, specifically whether an unpaid internship meets the requirements of the Fair...more

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

by Verrill Dana LLP on

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain...more

Federal DOL Updates Guidance On FLSA Compliant Internship Programs

by Shipman & Goodwin LLP on

On occasion, many businesses provide unpaid internship opportunities. However, it is important to be sure the unpaid internship does not run afoul of the Fair Labor Standards Act, as some companies have learned the hard way...more

Don't Call it a Comeback: New Rules Could Revive Unpaid Internships

by Varnum LLP on

The U.S. Department of Labor (DOL) recently announced new guidelines regarding unpaid internships, easing standards for for-profit employers to use unpaid interns. These new guidelines may greatly benefit startups,...more

Second Circuit Provides Guidance on Intern-Employee Test

by FordHarrison on

On December 8, 2017, the United States Court of Appeals for the Second Circuit (which has jurisdiction over federal district courts in Connecticut, New York and Vermont) ruled in favor of an employer, holding that six unpaid...more

Employment Law Commentary, February 2018, Volume 30, Issue 2 - A Changing Landscape: Unpaid Internships Under the DOL's New...

by Morrison & Foerster LLP on

As companies begin to think about their summer internship programs, they may want to consider the recent change in the legal landscape surrounding unpaid internships. For good reason, companies have generally been concerned...more

II-28 – The New Relaxed Intern Standard and Implications for Employers

by Cozen O'Connor on

Is your company thinking about your summer (and other) internship program? This episode presents an interview that Mike just gave on the Sirius XM Wharton Business Channel to discuss the United States Department of Labor’s...more

Wage and Hour Law

A. Federal Court Decisions - 1.No Administrative Exemption for Mortgage Underwriters - In McKeen-Chaplin v. Provident Sav. Bank, 862 F.3d 847 (9th Cir. 2017), the Ninth Circuit reversed the district court’s holding that...more

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

Unpaid Internships: Federal Law Evolving, Garden State Unchanged

by Clark Hill PLC on

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

Federal Employment Law Updates

by White & Case LLP on

New Tax Law Limits Deductibility of Confidential Sexual Harassment and Abuse Settlements - Effective December 22, 2017, new Section 162(q) of the Internal Revenue Code of 1986, as amended (the "Code"), denies businesses...more

The Employment Law Authority - January/ February 2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more

DOL Adopts New Test for Determining When Interns are Protected by FLSA

by Nexsen Pruet, PLLC on

This month, the Department of Labor (DOL) announced that it will be using a new method to determine whether interns and students employed by a for-profit employer should be paid employees under the Fair Labor Standards Act...more

Employment Flash - January 2018

The January 2018 edition of the Employment Flash looks at the Department of Labor's (DOL) new seven-factor internship test, a provision in the new tax law that seeks to reduce the use of nondisclosure agreements in sexual...more

The Department of Labor Wishes You a Happy New Year — and Implements Employer-Friendly Changes Regarding Interns and Volunteers

On January 5, 2018, the Department of Labor announced two employer-friendly changes applicable to interns and volunteers. Specifically, the DOL has adopted an employer-friendly approach to internships and has reinstated a...more

Employment Law This Week®: DOL’s Association Health Plan Proposal, NJLAD Includes Nursing Mothers, New Unpaid Intern Test, HHS’s...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

DOL Announces Policy Change Making It Easier for Employers to Utilize Unpaid Interns

by Reminger Co., LPA on

In June 2017, the U.S. Secretary of Labor announced the withdrawal of Obama-era informal guidance from the Department of Labor (“DOL”) on the issues of joint employment and independent contractors, both of which had been...more

DOL Throws in Towel on Standard for Unpaid Internships

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

Our Nominees for the Top 20 California Employment Law Risks

by Davis Wright Tremaine LLP on

New laws pop up in California on a regular basis, as summarized by our What’s New for 2018 advisory. Meanwhile, California employers must also be mindful of the laws already on the books, many of which pose traps for the...more

DOL Adopts Employer-Friendly Standard to Assess If Workers Are Interns or Employees

by Blank Rome LLP on

In recent years, employers have used unpaid interns to perform many duties otherwise completed by paid employees. Determining whether to classify a worker as an unpaid intern or employee under the Fair Labor Standards Act...more

Unpaid Intern or Employee? - DOL’s Enforcement Policy Is Changing

by Smith Anderson on

In a news release issued this month, the federal Department of Labor (DOL) advised that it will begin using a more flexible test to determine whether interns are really employees. This is important, in part, because...more

DOL Clarifies Approach to Unpaid Internships

by Hogan Lovells on

Earlier this month, US employers received important news just as the season of hiring summer interns is set to begin. The Department of Labor (“DOL”), through Fact Sheet #71, clarified its position regarding unpaid...more

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