Running Successful and Legally Compliant Internships
Primer for Nonprofits on Paid Employees, Volunteers, and Interns
II-28 – The New Relaxed Intern Standard and Implications for Employers
Employment Law This Week®: DOL’s Association Health Plan Proposal, NJLAD Includes Nursing Mothers, New Unpaid Intern Test, HHS’s Conscience-Based Protections
Student and Alumni Litigation
Polsinelli Podcast - To Pay or Not to Pay? The Rules for Summer Interns in 2014
Unpaid Internships: Are They Legal?
Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend
Question: I am considering having one or two unpaid interns in my office at different times this summer. Are there restrictions on the type of tasks that I am legally able to have them perform? Are there other legal concerns...more
The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate...more
Warning: The post below includes spoilers for HBO’s Insecure. Due to the lack of televised sporting events in the United States, I have recently been reduced to catching up on shows that have been collecting dust in my...more
Seyfarth Synopsis: Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate. Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage...more
It is estimated about half of the United States’ 1.5 million internships a year are unpaid, a number that may go up due to changes in the Department of Labor’s (DOL) rules governing unpaid internships. ...more
With summer upon us, so is the season for interns seeking work experience and opportunities to meet educational requirements. But, for employers, unpaid internships can get sandy if they use their interns like employees....more
Dear Littler: I work in the corporate office of a national retailer. We plan to hire several local student interns to work for us this summer, primarily in accounting and marketing. We enjoy sponsoring this program, and it...more
Unpaid internships are controversial. Proponents argue that they provide valuable opportunities for students to learn about an industry and for companies to scout up-and-coming talent, while critics contend the practice is an...more
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
On December 8, 2017, the United States Court of Appeals for the Second Circuit (which has jurisdiction over federal district courts in Connecticut, New York and Vermont) ruled in favor of an employer, holding that six unpaid...more
On January 5, 2018, the Department of Labor announced two employer-friendly changes applicable to interns and volunteers. Specifically, the DOL has adopted an employer-friendly approach to internships and has reinstated a...more
In a news release issued this month, the federal Department of Labor (DOL) advised that it will begin using a more flexible test to determine whether interns are really employees. This is important, in part, because...more
Earlier this month, US employers received important news just as the season of hiring summer interns is set to begin. The Department of Labor (“DOL”), through Fact Sheet #71, clarified its position regarding unpaid...more
The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage...more
The U.S. Department of Labor (DOL) recently announced that it will adopt a new, more flexible test for distinguishing interns from employees under the Fair Labor Standards Act (FLSA)....more
For-profit employers occasionally bring on unpaid interns to work at the company. The question employers must ask is whether an unpaid intern is actually an employee and, therefore, entitled to be paid minimum wage and...more
Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more
The U.S. Department of Labor has endorsed a seven-factor test for determining whether an intern is considered an employee under the Fair Labor Standards Act. The U.S. Department of Labor (DOL) has announced it has...more
In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more
In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more
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
On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press...more
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more
Recently, the US Department of Labor (DOL) announced that it will adhere to a new test for determining whether interns qualify as employees under the Fair Labor Standards Act (FLSA). The FLSA requires for-profit employers to...more
On December 8, 2017, the United States Court of Appeals for the Second Circuit issued a decision in favor of Hearst Corporation (“Hearst”) in the Wang v. Hearst Corp intern classification case. The Court addressed the proper...more