News & Analysis as of

Unpaid Interns Internships Class Certification

N.Y. Decision May Hinder Early Class Action Settlements

by Ballard Spahr LLP on

The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York...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

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

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...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

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

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

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

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

Unpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify its Position on Class Certification in Light of...

As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and...more

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