Labor and Employment Law

Recent Posts

Is Anyone Still Using Unpaid Interns?
Posted on 15 Sep 2015 by Jon Hyman

I’ve cautioning about the use of unpaid interns almost as long as this blog has been a blog ( here , here , and here , for example). Last week, the 11th Circuit, in Schumann v. Collier Anesthesia [pdf] , became the third federal appellate court... Read More

Court "Certifies" Gawker Media Interns' Collective Action
Posted on 29 Aug 2014 by Fisher & Phillips LLP

by John E. Thompson 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 plaintiffs... Read More

Work for NO Pay??? Internships the New Entry Level Job
Posted on 18 Oct 2012 by Abbey Spanier

The Fair Labor Standards Act of 1938 (FLSA) was enacted during a period of high unemployment to ensure that employees would receive a "fair day's pay for a fair day's work." See Overnight Transp. Co. v. Missel , 316 U.S. 572, 578 (1942... Read More

Another Court Adopts "Primary Beneficiary" Internship Analysis
Posted on 25 Sep 2015 by Fisher & Phillips LLP

We reported in July that the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) laid out seven non-exhaustive factors as part of a "primary beneficiary" analysis for evaluating whether unpaid interns... Read More

Unpaid Interns and the Fair Labor Standards Act
Posted on 25 Jun 2015 by Steptoe & Johnson PLLC

by Joseph U. Leonoro With the arrival of summer, many companies are hiring college and high school students to work as interns during summer break. Often, employers do not pay interns at all, or only pay them a stipend or other amount which is lower... Read More

Another Appellate Court Dropkicks the DOL’s Unpaid-Internship Test
Posted on 15 Sep 2015 by Eric Meyer

“So, dynamic, Eric . Is there anything you can’t do ?” Oh, hey there. Didn’t see you come in. You probably didn’t come here to read about Law360 naming me one of the 20 attorneys who are killing it on Twitter . (You can... Read More

Reminder: New York Interns Are Now Protected Under Both the State and City Human Rights Laws
Posted on 16 Sep 2014 by Sheppard Mullin

by Lisa Lewis , Jonathan Sokolowski and Andrew Smith* Following New York City Mayor Bill De Blasio’s endorsement of an amendment to the New York City Human Rights Law (“NYCHRL”) extending the statute’s anti-discrimination and... Read More

  • Blog Post: Work for NO Pay??? Internships the New Entry Level Job

    The Fair Labor Standards Act of 1938 (FLSA) was enacted during a period of high unemployment to ensure that employees would receive a "fair day's pay for a fair day's work." See Overnight Transp. Co. v. Missel , 316 U.S. 572, 578 (1942) (quoting "presidential message which initiated...
  • Blog Post: Court "Certifies" Gawker Media Interns' Collective Action

    by John E. Thompson 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 plaintiffs of the lawsuit and of the opportunity to...
  • Blog Post: Reminder: New York Interns Are Now Protected Under Both the State and City Human Rights Laws

    by Lisa Lewis , Jonathan Sokolowski and Andrew Smith* Following New York City Mayor Bill De Blasio’s endorsement of an amendment to the New York City Human Rights Law (“NYCHRL”) extending the statute’s anti-discrimination and harassment protections to interns earlier this year...
  • Blog Post: Unpaid Interns and the Fair Labor Standards Act

    by Joseph U. Leonoro With the arrival of summer, many companies are hiring college and high school students to work as interns during summer break. Often, employers do not pay interns at all, or only pay them a stipend or other amount which is lower than the minimum wage. From an employer’s...
  • Blog Post: Another Appellate Court Dropkicks the DOL’s Unpaid-Internship Test

    “So, dynamic, Eric . Is there anything you can’t do ?” Oh, hey there. Didn’t see you come in. You probably didn’t come here to read about Law360 naming me one of the 20 attorneys who are killing it on Twitter . (You can follow me here ). No, you’re looking for...
  • Blog Post: Is Anyone Still Using Unpaid Interns?

    I’ve cautioning about the use of unpaid interns almost as long as this blog has been a blog ( here , here , and here , for example). Last week, the 11th Circuit, in Schumann v. Collier Anesthesia [pdf] , became the third federal appellate court to cast aside the DOL’s six-factor internship...
  • Blog Post: Another Court Adopts "Primary Beneficiary" Internship Analysis

    We reported in July that the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) laid out seven non-exhaustive factors as part of a "primary beneficiary" analysis for evaluating whether unpaid interns are "employees" for purposes of the...