The Second Circuit unanimously rejected the Department of Labor's six-factor test championed by the plaintiffs, three aspiring filmmakers who worked at Fox Searchlight Pictures, saying "the proper question is whether the intern or the employer is the primary beneficiary of the relationship."
July 06, 2015 at 12:00 AM
1 minute read
The original version of this story was published on New York Law Journal
A legal standard advocated by employers for determining whether a company has violated the Fair Labor Standards Act (FLSA) by using unpaid interns was adopted Thursday by the U.S. Court of Appeals for the Second Circuit.
The circuit unanimously rejected the Department of Labor’s six-factor test championed by the plaintiffs in Glatt v. Fox Searchlight Pictures, 13-4481-cv, saying “the proper question is whether the intern or the employer is the primary beneficiary of the relationship.”
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