John Stapleton’s Wage and Hour Law Blog post "Another Court Adopts "Primary Beneficiary" Internship Analysis" was picked up by TLNT on September 14, 2015.
Back in July, we reported that the New York-based Second U.S. Circuit Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) laid out seven non-exhaustive factors as part of a “primary beneficiary” analysis for evaluating whether unpaid interns are “employees” for purposes of the federal Fair Labor Standards Act.
In so doing, the Second Circuit refused to follow the test urged by the U.S. Department of Labor.
Just two months later, the Atlanta-based Eleventh Circuit U.S. Court of Appeals (with jurisdiction over Florida, Georgia, and Alabama) has followed suit. It too adopted the Second Circuit’s approach and rejected the Labor Department’s views as being inappropriate to an assessment of the “modern internship.”
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