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Glatt v. Fox Searchlight Pictures

Articles Discussing Case:

'Primary Beneficiary' Test Determines Employee Status of Unpaid Interns, Federal Appeals Court Rules

Jackson Lewis P.C. • August 12, 2015
How should an employer determine whether unpaid interns at a for-profit employer are employees under the Fair Labor Standards Act entitled to compensation for services provided?

Second Circuit Announces New Test For Intern Claims and Puts the Brakes on Class and Collective Claims by Interns

Littler Mendelson, P.C. • July 15, 2015
On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid employees. In Glatt v. Fox Searchlight Pictures, Inc. et al., Nos. 13-4478 & 13?4481 (2d Cir. 2015) and Wang v. Hearst Corp., No. 13?4480?cv (2d Cir. 2015) (summary order), the court announced a new “primary beneficiary test,” identified seven non-exhaustive factors relevant to classifying interns as employees in the for-profit sector, and rejected strict application of the six factor test promulgated by the United States Department of Labor (DOL). Equally noteworthy, the court largely foreclosed collective and class certification in intern cases by emphasizing the highly individualized inquiry required by its new test.

Court Adopts "Primary Benefit" Unpaid-Intern Analysis

Fisher Phillips • July 08, 2015
We have been following developments in Glatt v. Fox Searchlight Pictures since former unpaid interns filed the lawsuit in 2011 seeking (among other things) back-wages under the federal Fair Labor Standards Act. In June 2013, the lower federal court ruled that at least two of the unpaid interns should have been deemed "employees" for purposes of the FLSA's requirements.

2nd Circuit Adopts Employer-Friendly Standard for Unpaid Internships

XpertHR • July 08, 2015
Establishing an unpaid internship program has become less risky for employers in New York, Connecticut and Vermont in the wake of a new appeals court ruling.