By Ben BedellPublished: 03.07.2015
Circuit Adopts Employer-Backed Intern Pay Standard
A legal standard advocated by employers for determining whether a company has violated the Fair Labor Standards Act (FLSA) by using unpaid interns was adopted Thursday by the U.S. Court of Appeals for the Second Circuit.
The circuit unanimously rejected the Department of Labor’s six-factor test championed by the plaintiffs in Glatt v. Fox Searchlight Pictures, 13-4481-cv, saying “the proper question is whether the intern or the employer is the primary beneficiary of the relationship.”
The case was brought by three aspiring filmmakers who worked in the Manhattan offices of Fox Searchlight Pictures during the production of “Black Swan,” a 2010 psychological thriller that went on to gross $329 million worldwide. The film was nominated for four Academy Awards, and its star, Natalie Portman, won the Oscar for best actress.
Read more: http://www.law.com/sites/articles/2015/07/03/circuit-adopts-employer-backed-intern-pay-standard/#ixzz3epaLwDqw