Second Circuit Leaves Interns In The Cold—Again

While most New Yorkers rode out last weekend's blizzard by binge watching television or enjoying playoff football, three Second Circuit judges apparently spent their time more productively, as the court on Monday issued an amended decision in its landmark ruling from last summer on unpaid internships.

As we have previously reported, the court's July 2015 decision in Glatt v. Fox Searchlight held that the "primary beneficiary" test should be used to decide whether unpaid interns should be deemed employees or trainees. The court also held that this test requires highly individualized inquiries—a conclusion that may deal a blow to plaintiffs' abilities to obtain class or collective certification in these cases.