In the most recent development in the wave of wage and hour class and collective actions by unpaid interns, two different federal judges in the New York District Court for the Southern District of New York recently decided whether to conditionally certify putative collective actions filed by unpaid interns who claimed they did work customarily performed by paid employees but were not classified as employees and were not paid minimum wage and overtime as required by the FLSA. The judges each reached a different conclusion.
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