Labor and Employment Law

Recent Posts

Top 6 Signs Your Unpaid Internship Should Be Paid
Posted on 7 Jun 2013 by Donna Ballman

In honor of my daughter landing her first internship, I thought I'd go through once again an issue that comes up every summer. Many internships that are unpaid are exploiting young people for free labor instead of providing a meaningful learning... Read More

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

You Should Pay Attention To This Post If You Have Unpaid Interns
Posted on 20 Mar 2012 by Jon Hyman

According to Law.com, wage and hour litigation is big, and getting bigger . One area that has been poised for a take-off for a couple of years is unpaid internships. Three recent filings illustrate the dangers of using unpaid interns in your business... Read More

Second Circuit Becomes Second Court to Toss DOL Internship Test
Posted on 6 Jul 2015 by Jon Hyman

Four years ago, the 6th Circuit, in Solis v. Laurelbook Sanitarium and School , rejected the Department of Labor’s six-factored test for determining whether an “intern” is an employee entitled to wages. In its place, the court adopted... Read More

NY Court Says Unpaid Intern Not Protected by Harassment Laws
Posted on 11 Oct 2013 by Margaret (Molly) DiBianca

The employment-discrimination laws have been expanding since their creation. And, most of the time, that’s a good thing. But there are times when I wonder, “Have we gone too far?” There was the bullying craze a few years ago, when there... 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 Internships Under Attack!
Posted on 7 Feb 2012 by Philip Miles

Unpaid internships have picked up some unwanted mainstream media attention lately. Recently, a former unpaid intern filed a lawsuit against Harper's Bazaar, alleging violations of state and federal wage and hour laws . She's also hoping to make... Read More

Fox Searchlight Case Confirm That Unpaid Interns Are a Dying Breed
Posted on 17 Jun 2013 by Jon Hyman

Out of the millions of page-views this blog has received over the six-years of its existence, the most popular post (by an almost three-to-one margin over its closest competitor) is You should pay attention to this post if you have unpaid interns ... Read More

Southern District of New York Rules That Movie Studio Was Required to Pay Its Interns; Numerous Lawsuits by Unpaid Interns in New York Follow
Posted on 2 Aug 2013 by David S. Rich

On June 11, 2013, in Glatt v. Searchlight Pictures Inc., No. 11 Civ. 6784, 2013 U.S. Dist. LEXIS 82079 (S.D.N.Y. June 11, 2013) (Pauley, J.) [ an enhanced version of this opinion is available to lexis.com subscribers ], the U.S. District Court for the... Read More

Unpaid Internships May Be More Costly Than You May Think
Posted on 11 Jun 2013 by Martha J. Zackin

What do fashion designer Norma Kamali, journalist Charlie Rose, Elite Model Management Corporation, and the Hearst Corporation have in common? All have been sued by former unpaid interns, claiming that their unpaid status violated the Fair Labor Standards... 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

28 Ways to Avoid Breaking The Law When Hiring Summer Interns
Posted on 21 Jun 2013 by Eric Meyer

It's that time of year. You're hiring summer interns and I'm shaving a spoked B into my playoff beard looking for an excuse to recycle my six keys to keeping unpaid internships from becoming a hot wage & hour mess . See what I... Read More