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Unpaid Interns Internships Class Action

Labor Department Hits the Brakes on Class Actions by Interns

by 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

Second Circuit Affirms Summary Judgment in Putative Internship Class

by BakerHostetler on

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

7th Circuit Says Beauty School Student Not An Employee

On August 14, in Hollins v. Regency Corp., the Seventh Circuit Court of Appeals affirmed a decision from the U.S. District Court for the Northern District of Illinois that a cosmetology student who worked at her beauty...more

A New And More Flexible Approach To Internship Programs

by Fisher Phillips on

Class action lawsuits filed by interns who claim they should be classified as employees have proliferated over the last few years. In these types of cases, a large number of interns have argued that they were actually...more

Another Blow to DOL Position on Internships

by Seyfarth Shaw LLP on

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

Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test for Unpaid Interns

On September 11, 2015, the Eleventh Circuit became the first appellate court to address the standard for lawful unpaid internships since the Second Circuit’s ruling in Glatt et al. v. Fox Searchlight Pictures, Inc. et al....more

Full Court Press for Interns at Second Circuit?

by Seyfarth Shaw LLP on

As this blog previously reported, a three-judge panel of the Second Circuit ruled against two separate groups of interns in early July, applying the “primary beneficiary” test—to evaluate whether unpaid interns are trainees...more

Client Alert - Interns & Independent Contractors

Second Circuit Reverses Class Certification Ruling in Fox Searchlight Unpaid Intern Case, Directing Trial Court to View Economic Benefit Factors Through New Lens - A federal appellate court in New York handed an apparent...more

Employment Flash - July 2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Second Circuit Announces New Test For Intern Claims and Puts the Brakes on Class and Collective Claims by Interns

by Littler on

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid...more

Unpaid Interns: The Second Circuit Pours Cold Water on a Hot Topic

by Foley & Lardner LLP on

Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a...more

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

Second Circuit Rulings Provide Hope For Companies’ Use of Unpaid Interns

In Glatt v. Fox Searchlight Pictures, Inc., a federal district court in New York decided that Fox Searchlight Pictures, Inc. had violated federal and New York minimum wage laws by not paying interns who had worked on its film...more

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

by Kelley Drye & Warren LLP on

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

Second Circuit weighs in on when unpaid interns become “employees” under the FLSA

by Dentons on

In 2011, a pair of unpaid interns who worked for Fox Searchlight Pictures on the 2010 film Black Swan filed suit against Fox claiming they should have been compensated as “employees” under the US Fair Labor Standards Act...more

Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits

On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al. v. The Hearst Corp., the two unpaid intern lawsuits heard...more

Second Circuit Deals a Blow to Unpaid Intern Classes

by Ballard Spahr LLP on

In a pair of closely watched decisions, the Second Circuit Court of Appeals overturned a federal trial court decision that granted class and conditional collective action certification to claims brought by a former unpaid...more

Second Circuit Establishes New Test for Unpaid Intern Claims

by Morgan Lewis on

The Second Circuit’s ruling provides employers with greater leeway for unpaid internship programs and a stronger defense for class-action lawsuits brought by unpaid interns. In a long-awaited decision, the US Court of...more

NY Court Issues Landmark Ruling on the Employment Status of Unpaid Interns

by Reed Smith on

On July 2, 2015, in Glatt v. Fox Searchlight Pictures, Inc. and a related order, Wang v. The Hearst Corp., the U.S. Court of Appeals for the Second Circuit issued a new test for determining whether interns must be treated and...more

Second Circuit Teaches Unpaid Interns a Lesson

by Seyfarth Shaw LLP on

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

“Black Swan” Internship Case Creates New Obstacles For Employers In California

by Hirschfeld Kraemer LLP on

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

Court "Certifies" Gawker Media Interns' Collective Action

by Fisher Phillips on

After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential...more

School is Almost Out and Summer Interns are (Still) In

With the Memorial Day weekend approaching, many people are looking forward to hitting the beach, firing up the grill and polishing off their golf clubs, which are, for many Northeasterners, covered in cobwebs after this long...more

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

by Bracewell LLP on

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

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