On July 2, the U.S. Court of Appeals for the Second Circuit issued its decision in Glatt v. Fox Searchlight Pictures, 2015 U.S. App. LEXIS 11435, establishing a new test to determine whether an individual is appropriately classified as an unpaid intern or an employee entitled to compensation for purposes of the Fair Labor Standards Act (FLSA).

In Glatt, the Second Circuit examined “under what circumstances an unpaid intern must be deemed an ‘employee’” for purposes of the FLSA and receive compensation for his or her services.

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