DOL Scraps Intern Test In Move To Court-Favored Approach

Law360, New York (January 5, 2018, 4:47 PM EST) -- The U.S. Department of Labor endorsed a new test Friday for assessing whether interns qualify as employees under the Fair Labor Standards Act, aligning itself with the so-called primary beneficiary standard that several appellate courts have adopted and rescinding agency guidance from 2010.

The DOL embraced a seven-factor test for determining interns' status that was laid out by the Second Circuit in its 2015 ruling in Glatt v. Fox Searchlight Pictures Inc. (Law360) The DOL embraced a seven-factor test for determining interns' status that was laid out by the Second Circuit in its 2015 ruling in Glatt v. Fox Searchlight Pictures...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!