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6th Circ. Flunks DOL Suit Over Student Labor

Law360 (April 28, 2011, 8:06 PM EDT) -- The Sixth Circuit on Thursday threw out a U.S. Department of Labor lawsuit against a Tennessee religious school's student work experience program, in a decision that clarifies what kind of student work is legal.

Courts should look at whether the employer or student gets the “primary benefit” when trying to decide whether students are being exploited as unpaid laborers, a three-judge panel of the Sixth Circuit said.

The published decision gives employers clarity on when using interns or other student trainees may run afoul of the...
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