Closure For Second Circuit Intern Case, But Risks Persist Nationally

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 of Labor's "six factor" test, there was lingering doubt about whether the decision would stand given a long-pending petition by the plaintiffs for en banc review by the full court. In January 2016, the three-judge panel that issued the decision modified its opinion. While that unusual step signaled that en banc review would likely be denied, the issue stubbornly persisted for several weeks without resolution.