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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...

Top 6 Signs Your Unpaid Internship Should Be Paid

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 experience. If your internship is more about...

Unpaid Internships May Be More Costly Than You May Think

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 Act. With the summer internship season...

Fox Searchlight Case Confirm That Unpaid Interns Are a Dying Breed

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 . In that post, I discussed a lawsuit filed by two...

28 Ways to Avoid Breaking The Law When Hiring Summer Interns

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 just did there? Oh, you saw the lede and thought...

Southern District of New York Rules That Movie Studio Was Required to Pay Its Interns; Numerous Lawsuits by Unpaid Interns in New York Follow

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 Southern District of New York held that defendants...

NY Court Says Unpaid Intern Not Protected by Harassment Laws

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 was a push to make bullying in the workplace unlawful...

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...