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Don’t Let Your Internship Turn Into A Black Swan

by Phyllis Katz With over two years of recession, jobs have been closed for many, particularly new college graduates . Many of these eager graduates are willing to work for nothing "Just to get the experience." Employers want to accommodate friends and neighbors and offer a work experience...

Unpaid Internships Under Attack!

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 it into a class action against other Hearst publications...

You Should Pay Attention To This Post If You Have Unpaid Interns

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: A former unpaid intern for the "Charlie...

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...

Fisher & Phillips: Risks Of "Internship" Claims And Liability Still Increasing

by John E. Thompson We have warned for some time now that businesses and other organizations should think carefully if they are considering the possibility of permitting unpaid internships. What might be described as the internship "season" is fast-approaching, so the time to...

USDOL Brief Elaborates Upon "Intern" Views

by John E. Thompson We wrote some time ago about a lower federal court's determination in Glatt v. Fox Searchlight Pictures that at least two unpaid interns were "employees" for federal Fair Labor Standards Act purposes. This ruling is now being reviewed by the Second Circuit U.S...

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...

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...

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...

Second Circuit Becomes Second Court to Toss DOL Internship Test

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 a “primary benefit” test [subscribers...

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...

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...

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...