The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and
Continue Reading Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs InI have blogged many times about the rash of intern cases that have popped up over the last few years. Now maybe there will be a consistent, uniform test for
Continue Reading New Intern Test Announced By USDOL: Definitive Guidance?
There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about
Continue Reading Ninth Circuit Finds Beauty School Students Were Not Employees
There have been a host of intern cases of late, the theory being that these individuals were actually doing productive work, acting as if they were employees, and were not
Continue Reading Sirius XM Settles FLSA Intern Case: Good Use of Formulas as a Basis for Settlement
I have been following the protracted saga developing in the Second Circuit concerning whether interns are employees. Recently, this Circuit overturned a lower court decision that granted conditional certification to
Continue Reading Interns Deemed Non-Employees By Second Circuit
When a class is certified in a Fair Labor Standards Act collective action, the employer turns over names and addresses and the opt-in letters go out. Nowadays, there is a
Continue Reading Gawker FLSA Collective Action Illustrates Clash of Technology and Law
In Atkins v Capri Training Center, in the District of New Jersey, Judge Susan Wigenton considered a Motion to Conditionally Certify a Collective Action. Capri was a for-profit corporation
Continue Reading Intern-Employee FLSA Case Dismissed Because Clinical Experience Is Not “Work”
I have posted a number of times on the slew of intern lawsuits recently filed under the Fair Labor Standards Act. This may be a new “wave” or fertile new
Continue Reading The Wave Of Intern Suits: When Are They Employees?
Nowadays, an intern is a good thing to be. The young person gets some experience for a resume and the “employer” gains some productive work accomplished as part of furthering
Continue Reading When Is An “Intern” An Employee Under The FLSA?
There is a fine line oftentimes between who is and who is not an employee. This premise especially applies to the issue of “interns.” As summer approaches, and as jobs
Continue Reading Unpaid Internships May Be A Problem: Are They Employees Or Not?