Wage and Hour, Students, Fair Labor Standards Act (FLSA)

What Employers Need to Know Before Offering an Unpaid Internship

Tucker Arensberg, P.C. on 4/16/2025

With summer approaching, some employers may be looking to bring in interns during their break from school. Internships are great as they provide students with real-world training and experience, which supplements the learning...more

Do I Need to Pay My Student Intern?

Bricker Graydon LLP on 1/24/2025

With the start of this new semester, we have received several questions regarding whether student interns need to be paid. As everyone knows, state and federal law requires employers to pay employees for their work. ...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

Venable LLP on 6/5/2023

We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

Workplace Law Lowdown | The Sixth Circuit Clarifies the FLSA Test for Educational Programs

Bodman on 1/7/2021

In Eberline, cosmetology students of the Douglas J Institute were afforded “a true salon setting” in which to undergo their training, including the opportunity to provide supervised cosmetology services individually and in...more

Considering Hiring a College Student as an Unpaid Intern this Summer?

Jaburg Wilk on 3/14/2020

It is getting closer to summer and that means students are looking for work experience. Many companies offer unpaid internships. While both the student and employer may see benefits to this arrangement – the employer doesn’t...more

Web Exclusive - September 2019: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 10/10/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Are Employers Required to Pay Interns?

Stoel Rives - World of Employment on 5/14/2019

Spring is in the air and summer is around the corner. You can see the signs everywhere. Flowers. Chirping birds. Increasing temperatures. And summer intern resumes. Experienced HR professionals know they will soon receive...more

Second Circuit Court of Appeals Holds That Cosmetology Students at a For-Profit Cosmetology Training School Were Not Employees...

Bond Schoeneck & King PLLC on 3/1/2019

On February 5, 2019, the Second Circuit Court of Appeals held that students at a for-profit cosmetology school who provided cosmetology services to the general public at the school's salon as part of the requirements to...more

Another Court Rejects Class Claims Contending That Vocational Students Are Really Employees

BakerHostetler on 2/22/2019

In yet another challenge regarding the employment status of students and interns as employees, the Second Circuit has concluded quite rightfully that vocational students – even those at for-profit institutions – are still...more

Second Circuit Shears Cosmetology Student’s Claims In Intern-Or-Employee Case

Jackson Lewis P.C. on 2/12/2019

Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s...more

The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA

Seyfarth Shaw LLP on 11/29/2018

Seyfarth Synopsis: Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate. Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage...more

Labor Department’s New Approach Is A Game Changer For Student Internships

Fisher Phillips on 3/8/2018

The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more

Ninth Circuit Finds Beauty School Students Were Not Employees

Fox Rothschild LLP on 12/29/2017

There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about these kinds of cases and have...more

Ninth Circuit Adopts Primary Beneficiary Test to Determine Whether Vocational Students Are “Employees” Under the Fair Labor...

Payne & Fears on 12/22/2017

In a case of first impression in the Ninth Circuit, Benjamin v. B&H Education, No. 15-17147 (9th Cir. December 19, 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether...more

It’s Cut And Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology And Hair Design Students Were...

Jackson Lewis P.C. on 12/22/2017

Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held. Benjamin v. B&H...more

Wage and Hour › Students › Fair Labor Standards Act (FLSA)