primary beneficiary test

Subscribe to primary beneficiary test via RSS

N.D. CalAuthored by Eric Hill

Seyfarth Synopsis: Airline customer service representative denied pay for pre-employment 10-day classroom training program under the FLSA and California Labor Law.

The maxim “it is extremely difficult to find someone to pay you to learn” has been proven again! This must be why we, or at least most of us, eventually leave school to enter the…
Continue Reading Does It Feel Like School? Are You in a Classroom? If So, Soak in the Knowledge but Don’t Expect Pay for the Training Time!

Co-authored by Robert Whitman and Adam Smiley

Spring is around the corner, with summer not far behind, so thoughts naturally turn to the obvious topic: internships.

Although the volume of new lawsuits by unpaid interns challenging their status has abated significantly since the Second Circuit issued its decision in July 2015 announcing a new legal standard and rejecting the Department…
Continue Reading Closure For Second Circuit Intern Case, But Risks Persist Nationally

Co-authored by Robert Whitman, Adam J. Smiley, and Meredith-Anne Berger

As this blog previously reported, a three-judge panel of the Second Circuit ruled against two separate groups of interns in early July, applying the “primary beneficiary” test—to evaluate whether unpaid interns are trainees not entitled to wages or employees who must be paid—and stating that conditional and…
Continue Reading Full Court Press for Interns at Second Circuit?