News & Analysis as of

Employer Liability Issues Minimum Wage Internships

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on . . . Successful Summer Internship Programs

With Memorial Day in the rearview mirror and the month of June upon us, many companies and organizations throughout the country are preparing to kick off the summer by welcoming an incoming cohort of summer interns....more

Venable LLP

Internship Laws In Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws

Venable LLP on

​​​​​​​As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Overview of Internships - ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Rules Forensic Photography Intern is Not Entitled to FLSA Wages

On June 9, 2022, a divided panel of the United States Court of Appeals for the Eleventh Circuit decided an unpaid intern who participated in a forensic photography training program was not entitled to wages under the Fair...more

Bond Schoeneck & King PLLC

Running Successful and Legally Compliant Internships

Bond Labor and Employment attorney Seth F. Gilbertson offers suggestions on how employers can successfully operate an internship program that complies with the federal Fair Labor Standards Act, New York State Minimum Wage Act...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Jackson Walker

Planning on Hiring Summer Interns? Make Sure Your Pay Practices Don’t Trip You Up

Jackson Walker on

The end of the school year is on the horizon for high school and college students. Along with catching up on sleep and enjoying a break from classes, many students will want to spend at least part of the summer working for...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (February 2019 Edition)

Littler on

In February, love was not the only thing in the air; wafting through legislative chambers across the country was the sweet smell of bills about the minimum wage, tips, and overtime. Many bills will be stood up, or ultimately...more

Jackson Lewis P.C.

Wage And Hour Developments 2018: A Year In Review

Jackson Lewis P.C. on

The law regulating the payment of wages and work hours is a vibrant area: the “fight for $15.00”; battles over who can receive tips (and whether the tip credit should be eliminated entirely); whether workers should be given...more

BakerHostetler

Tenth Circuit Finds Massage Therapy Students to Be Just That – Students

BakerHostetler on

Once thought to be the next wave of wage-and-hour cases, suits involving interns and students have tended to founder because most training programs are intended to train rather than to provide employment....more

Verrill

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

Verrill on

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Clark Hill PLC

Unpaid Internships: Federal Law Evolving, Garden State Unchanged

Clark Hill PLC on

In January, the Department of Labor announced that it would use a new method to determine whether interns or students working for non-profit organizations should be paid under the Fair Labor Standards Act. The DOL’s new...more

PilieroMazza PLLC

Intern or Employee? DOL Adopts Courts’ “Primary Beneficiary” Analysis for Determining When Your Unpaid Intern Will Be Deemed an...

PilieroMazza PLLC on

The use of unpaid interns is a common practice across many industries, especially in the D.C. Metro area. And the question recently addressed by the Ninth Circuit is not a new one: under what set of circumstances does an...more

Kilpatrick

US Department of Labor Issues Updated Guidelines for Internship Programs Under the Fair Labor Standards Act

Kilpatrick on

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under...more

Orrick - Employment Law and Litigation

Are Interns Actually Employees? DOL Adopts New Guidance for Assessing Whether Interns Qualify as Employees

As part of its revision of Obama-era policies, the U.S. Department of Labor (“DOL”) recently announced a new test for assessing whether interns qualify as employees under the Federal Labor Standards Act (“FLSA”). The agency’s...more

Bradley Arant Boult Cummings LLP

“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases

Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the Department of Labor announced that its Wage and Hour Division will now use the...more

Jackson Lewis P.C.

Hearst Interns Were “Primary Beneficiaries” Of Program And Not Employees, Second Circuit Affirms

Jackson Lewis P.C. on

Several former interns of the Hearst Corporation, one of the world’s largest magazine publishers, were just that: unpaid interns, not employees entitled to minimum wage or overtime under the FLSA, the Second Circuit has held....more

Jackson Lewis P.C.

Intern Or Employee? When “Take Your Children To Work” Day Backfires

Jackson Lewis P.C. on

In late April each year, tens of millions of employees and millions of employers participate in Take Your Sons and Daughters to Work Day. Of course, the vast majority of the child participants are elementary school kids, or...more

Seyfarth Shaw LLP

Another Blow to DOL Position on Internships

Seyfarth Shaw LLP on

Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more

Bond Schoeneck & King PLLC

Second Circuit Sides With Employers in Two Cases Involving Unpaid Interns

In two recent cases decided on July 2, the Second Circuit Court of Appeals held that in many instances, unpaid interns may not necessarily be employees covered by the Fair Labor Standards Act (“FLSA”) and the New York Labor...more

Buchalter

Ringing in the New Year: A Summary of New Employment Laws for 2015

Buchalter on

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

Smith Anderson

eTrends – Summer Interns may be Entitled to Wage and Hour Protection

Smith Anderson on

Employers who use summer interns should be aware that interns may be entitled to certain protections under the labor laws. Generally, interns are considered to be employees entitled to minimum wage and overtime protections....more

Bracewell LLP

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Bracewell LLP on

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

Stinson LLP

Labor, Employment And Employee Benefits Executive Briefing - April 2014

Stinson LLP on

In This Issue: - Employers Should Review Internship Programs for Legal Compliance ..The Department of Labor’s Six-Factor Test ..Unpaid Internships in the News ..Practical Guidance - Developments in...more

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