News & Analysis as of

Wage and Hour Misclassification

Are You Required to Pay Your Interns?

by Foley & Lardner LLP on

For-profit employers occasionally bring on unpaid interns to work at the company. The question employers must ask is whether an unpaid intern is actually an employee and, therefore, entitled to be paid minimum wage and...more

DOL Adopts More Flexible Test for Classifying Interns

by Womble Bond Dickinson on

The Department of Labor (“DOL”) announced its adoption of a new test on January 5, 2018, for determining whether interns are employees under the Fair Labor Standards Act (“FLSA”). In recent years, many for-profit employers...more

U.S. Department Of Labor Endorses More Flexible Unpaid Intern Test

by Pepper Hamilton LLP on

Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more

Certification Denied in the Latest Misclassification Overtime Class Action

by Bennett Jones LLP on

In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more

Department of Labor Changes Rules on Unpaid Internships

The U.S. Department of Labor has endorsed a seven-factor test for determining whether an intern is considered an employee under the Fair Labor Standards Act. The U.S. Department of Labor (DOL) has announced it has...more

U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act

In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more

DOL Adopts “Primary Beneficiary” Test for Unpaid Internships

by McGuireWoods LLP on

Following another appellate court’s rejection of its six-part test to determine whether an intern is an employee for purposes of the Fair Labor Standards Act, the Department of Labor (DOL) on January 5 announced that it would...more

Confused About Paying Interns? The Rules Just Changed Again

by Pillsbury - CommLawCenter on

Back in 2015, I wrote a post on CommLawCenter discussing the prevalence of interns in the communications industry, and the Department of Labor’s crackdown on businesses illegally failing to pay their interns. That crackdown...more

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

“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases

Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the Department of Labor announced that its Wage and Hour Division will now use the...more

DOL Doubles Back on Interns

by Sherman & Howard L.L.C. on

On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press...more

USDOL's Inflexible Intern Test Headed To The Shredder

by Fisher Phillips on

The U.S. Department of Labor (USDOL) just announced that it will abandon its six-part test for determining whether interns qualify as employees after yet another court favored the alternative, primary beneficiary test. As we...more

DOL Rejects Obama-Era “Intern” Test

With college classes resuming soon, many employers will be welcoming interns to the workplace. Employers must be careful in determining whether unpaid interns are properly classified under the Fair Labor Standards Act...more

DOL Adopts “Primary Beneficiary” Test for Interns

by LeClairRyan on

The U.S. Department of Labor announced Friday that it was abandoning the six-factor test it had previously used for determining whether interns are employees for purposes of the Fair Labor Standards Act, and that it was now...more

When Are Unpaid Internships Allowed Under the FLSA? DOL Revises Test

by Faegre Baker Daniels on

For-profit organizations have new guidelines to follow when determining whether they must pay interns. On January 5, 2018, the U.S. Department of Labor (DOL) issued a new test for determining whether interns must be paid or...more

DOL Bids Adieu to Six-Factor Internship Test

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more

U.S. DOL Endorses Primary Beneficiary Test for Internships

by FordHarrison on

Recently, the US Department of Labor (DOL) announced that it will adhere to a new test for determining whether interns qualify as employees under the Fair Labor Standards Act (FLSA). The FLSA requires for-profit employers to...more

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

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

by Locke Lord LLP on

2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

December 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were no notable settlements in independent contractor misclassification class action cases that came to our attention last month, but there was an array of significant IC cases in various stages of litigation. Two of...more

When Is A Seemingly Exempt Employee Not Truly Exempt?

by Foley & Lardner LLP on

Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay...more

New Guidance on Interns v. Employees

by LeClairRyan on

The test for determining whether unpaid interns at a for-profit employer are employees under the Fair Labor Standards Act, and thus entitled to compensation for services provided, has been the subject of considerable...more

Unpaid Interns Back in the Spotlight: Second Circuit Hands Employers a Win

On December 8, 2017, the United States Court of Appeals for the Second Circuit issued a decision in favor of Hearst Corporation (“Hearst”) in the Wang v. Hearst Corp intern classification case. The Court addressed the proper...more

Technology and Trends in the Healthcare Industry, Part II: Answers on Independent Contractor Status for Healthcare Employers

With the rise of apps and websites providing on-demand healthcare, there is little doubt that the use of independent contractors is a hot topic in the healthcare industry. The ability of skilled professionals to freelance is...more

Second Circuit Court of Appeals Rules That Hearst Interns Are Not Employees

In a decision issued earlier this month, the Second Circuit Court of Appeals ruled that participants in unpaid internship programs offered by the Hearst Corporation could not be classified as “employees” of Hearst and...more

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