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 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 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 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.
The internship season is fast-approaching. The time to consider whether and under what circumstances to get involved in these relationships is NOW.
A former intern's FLSA lawsuit against The Hearst Corporation will proceed as a "collective action".
Are FLSA principles different for unpaid internships at non-profit organizations or for those sponsored by educational institutions for which the intern receives academic credit?
Lawsuits and other developments show that the prospects for FLSA claims by current or former unpaid interns are real and should not be discounted.
A spate of recent developments signals potential trouble for organizations allowing unpaid internships, particularly profit-seeking entities.