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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...

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...