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ARTICLE · 07 MARCH 2018

Second Circuit Provides Guidance On Intern-Employee Test

Ford Harrison LLP
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On December 8, 2017, the United States Court of Appeals for the Second Circuit (which has jurisdiction over federal district courts in Connecticut, New York and Vermont) ruled in favor of an employer ...

United StatesEmployment and HR
FordHarrison LLP
FordHarrison LLP
Johanna G. Zelman
Johanna G. Zelman
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Executive Summary: On December 8, 2017, the United States Court of Appeals for the Second Circuit (which has jurisdiction over federal district courts in Connecticut, New York and Vermont) ruled in favor of an employer, holding that six unpaid interns were not "employees" for purposes of the Fair Labor Standards Act (FLSA). See Wang v. Hearst Corp. To reach its conclusion, the court used the flexible "primary beneficiary test" it first promulgated in Glatt v. Fox Searchlight Pictures. The court's application of the test in Wang created some confusion for employers.

Wang v. Hearst Aftermath

In Wang, a group of interns filed a collective action against Hearst, claiming the company failed to pay wages as required by the FLSA. In light of Glatt, the district court granted summary judgment in favor of Hearst, finding the interns were not employees eligible for FLSA protection. The interns appealed to the Second Circuit.

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