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.
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.
Companies and other organizations thinking about participating in internships sponsored by educational institutions should consider what impact the "Fair Pay Campaign" might have upon the potential for intern-related wage disputes.
Don't assume that an internship associated with or sponsored by an educational institution falls outside of the FLSA's requirements.
Elite Model Management Corporation's agreement to pay up to $450,000 to settle a lawsuit by former interns could lead to more complaints and litigation.