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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...

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...

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...