The U.S. Department of Labor is abandoning its six-part test for whether an intern is considered an employee in favor of the "primary beneficiary" test adopted by four federal circuit courts.
The U.S. Department of Labor has withdrawn two "Administrator Interpretations" dealing with joint-employment and independent-contractorship under the FLSA and other laws the agency enforces.
The 2nd Circuit U.S. Court of Appeals has amended the 2015 opinion in which it adopted a "primary benefit" framework for determining whether a for-profit entity's unpaid intern is or is not an "employee" for FLSA purposes.
The U.S. Labor Department has released Administrator Interpretation No. 2016-1, dealing with concepts of "joint employment" under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.
The 11th Circuit U.S. Court of Appeals has adopted the 2nd Circuit's approach and held that the proper question in an FLSA unpaid-intern lawsuit is who is the primary beneficiary of the relationship.
The U.S. Labor Department's Wage and Hour Division has released "Administrator's Interpretation No. 2015-1" expressing its views on how to evaluate who is and is not an independent contractor under the FLSA.
The 2nd Circuit U.S. Court of Appeals has held that the proper question in an FLSA unpaid-intern lawsuit gets down to who is the primary beneficiary of the relationship.
U.S. Wage and Hour Division Administrator David Weil has announced that he will soon release an Administrator Interpretation intended to clarify who is and is not an independent contractor under the FLSA.
Former unpaid Gawker Media interns will be permitted to send notices to other potential lawsuit participants.
A brief filed by the U.S. Labor Department provides some interesting insight into the agency's views about when an intern is an "employee" under the FLSA.