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Schumann v. Collier Anesthesia, P.A. (11th Cir., Sept. 11, 2015)

Articles Discussing Case:

Is the Six-Factor Test Still Good? Eleventh Circuit Endorses Modified Intern Test

Ogletree Deakins • October 02, 2015
A recent decision by the Eleventh Circuit Court of Appeals appears to reject the U.S. Department of Labor’s oft-recited six-factor test, which is used to determine whether interns are actually functioning as employees. In Schumann v. Collier Anesthesia, P.A., et al, No. 14-13169 (September 11, 2015), instead of the six-factor test, the court endorsed a primary beneficiary test designed to account for the economic realities of modern-day internships for academic credit and professional certification.

Another Court Adopts "Primary Beneficiary" Internship Analysis

Fisher Phillips • September 23, 2015
We reported in July that the Second Circuit U.S. 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.

11th Circuit "Tweaks" Test For Whether Interns Are Employees

Franczek Radelet P.C • September 21, 2015
If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair Labor Standards Act.