News & Analysis as of

Unpaid Interns Fox Searchlight Pictures Employee Definition

Ballard Spahr LLP

Labor Department Hits the Brakes on Class Actions by Interns

Ballard Spahr LLP on

In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more

Kelley Drye & Warren LLP

Sirius XM Settles Wage & Hour Class Action With Unpaid Interns

Earlier this month Sirius XM Radio Inc. settled a wage & hour class action with a class of 1,852 unpaid interns that claimed the company violated federal and state labor laws by failing to compensate them for the work they...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects DOL Test on Intern Pay

Over the past several years, employment lawyers have cautioned their clients with regard to legal risks involved with unpaid internships. As these internships rose in popularity, many of the arrangements failed to meet...more

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

A New Internship Standard The Second Circuits Seven Factor Test and What it Means for Your Company

On July 2, 2015, the Second Circuit Court of Appeals issued a decision regarding the employment status of unpaid interns that should prove helpful to employers. In Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478 and...more

Kelley Drye & Warren LLP

The Unpaid Internship: Who “Really” Benefits from This Arrangement?

Many of us spent summers working as interns, getting access to the industry of our choice, making contacts, learning – and yes running errands and filing and stuffing envelopes and doing other “grunt” work. Most young people...more

Genova Burns LLC

Second Circuit Outlines The Way for Employers to Hire Unpaid Interns

Genova Burns LLC on

On July 2, 2015, in a matter of first impression, the Second Circuit issued a ruling in Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478, 13-4481 (2d Cir. July 2, 2015), and provided a new test for whether a worker can...more

Bradley Arant Boult Cummings LLP

Somebody Get Me an Intern!—Second Circuit Overturns “Black Swan” FLSA Case

Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry. The district court had held that Fox Searchlight Pictures...more

Mintz - Employment, Labor & Benefits...

Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds

The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits...more

Pullman & Comley - Labor, Employment and...

Interns’ Class Action Carries Multimillion Dollar Price Tag

Late last spring I posted on this blog about the pitfalls for employers of unpaid internships, often offered to young people during the summer months, or to students or recent college graduates as “pre-entry-level” positions....more

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