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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...
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